Pre-trial detention in the Netherlands: absolutely low, relatively high

Abstract

In this chapter, we outline Dutch legislation and practice of pre-trial detention. We also elaborate on the findings we collected in the DETOUR project that is introduced in Chapter 1. The findings are still very much relevant today and are complemented by more recent research findings in the area of pre-trial detention in the Netherlands and case law from the European Court of Human Rights (ECtHR). Although the absolute number of pre-trial detainees in the Netherlands is low compared to most other European countries, the relative part has remained rather high (between 41% and 49%) in the last ten years. We demonstrate that decision-making in pre-trial detention cases in the Netherlands is driven by a couple of important factors among which legal culture is probably the most important. A preventive approach is leading, based on assumptions about the societal impact of the release of the suspect. Government policy is aimed at an “on-the-spot” approach and the mantra is being “tough on crime”. This causes a climate in which the provisional release of suspects of so-called high impact crimes or repeat offenders is an exception. This legal culture, that is manifest in the policy on the expedited proceedings as well, seems to be deeply institutionalised and has led to a very extensive interpretation of the statutory grounds for pre-trial detention.