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Vol 21 No 9 Sept/Oct 2016

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Pre-Trial Detention in the Netherlands: Legal Principles versus Practical Reality

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ISBN13: 9789462366879
Published: May 2016
Publisher: Eleven International Publishing
Country of Publication: The Netherlands
Format: Paperback
Price: £23.00

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The use of pre-trial detention has been criticized and debated frequently in Europe, and especially in the Netherlands. Questions are raised whether pre-trial detention is used too often and whether the practice of pre-trial detention is in line with standards set by the ECtHR.

This research on pre-trial detention in the Netherlands is part of a broader EU wide research project on the application of pre-trial detention in a selected number of EU member states. Goal of the research project is collecting information on the legal framework on pre-trial detention and its application in practice in a selection of member states. This in order to inform the debate on the European level on the necessity of EU-legislation in this field. The research findings are based on questionnaires filled in by defence lawyers, observing pre-trial detention hearings, reviewing case files of closed cases and inter views with judges and prosecutors.

The main conclusion of the Dutch research is that the Dutch legislation on pre-trial detention generally is in conformity with European standards. However, the practice of applying pre-trial detention falls somewhat short of these standards; especially the high percentage of pre-trial detention being ordered, the limited reasoning of decisions and the infrequent use of alternatives to pre-trial detention are noteworthy.

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European Jurisdictions, Netherlands
1. Executive Summary
2. Introduction
3. Methodology of the Research Project
4. Context
5. Procedure of Pre-Trial Detention Decision Making
6. Substance of Pre-Trial Detention Decision Making
7. Alternatives to Pre-Trial Detention
8. Review of Pre-Trial Detention
9. Outcomes of Criminal Proceedings in which Pre-Trial Detention is Applied
10. Conclusions and Recommendations