What is a pro forma hearing?
A pro forma hearing is an important procedural hearing that takes place when a defendant is in pretrial detention and the case is not yet ready for substantive hearing. This involves a multiple chamber session. The purpose of this hearing is to discuss the progress of the investigation and to ensure that the rights of the accused are safeguarded. During a pro-forma hearing, the case itself is not dealt with substantively, meaning that no judgment is yet made on the guilt or innocence of the accused.
A pro forma hearing is different from a pre-trial hearing. During a pre-trial hearing, the status of the investigation is discussed and any research wishes made known.
What is discussed at a pro forma hearing?
During a pro forma hearing, several issues may be discussed. For example, the results of the ongoing police investigation may be discussed, and the prosecutor may indicate which steps are still necessary before the case can be dealt with substantively. The defendant's attorney also has the opportunity to make his investigative wishes known, such as by requesting additional witness interviews or requesting specific evidence. This is a crucial time for the defense to ensure that all relevant facts of the case are investigated.
Another important aspect of the pro forma hearing is the judge's ability to decide on the extension or suspension of pretrial detention. At this hearing, the suspect's lawyer can request that the suspect be released so that he can await his case in freedom. In this case, the judge will weigh the seriousness of the suspicions, the importance of the further investigation, and the suspect's personal circumstances. If the judge decides that pretrial detention is no longer necessary, the suspect may be released under certain conditions, such as a reporting requirement or a restraining order.
Although the pro forma hearing does not involve final decisions on the guilt or innocence of the accused, it is an essential part of the criminal process that structures the preparation of the case and ensures that the process is fair. The hearing ensures timely and careful preparation of the case and ongoing monitoring of the legality and proportionality of pretrial detention.
When does a pro forma hearing take place?
Holding up for investigation and detention
After a arrest a suspect can be detained for a maximum of 9 hours for questioning at the police station (the time between 00:00 and 09:00 is not counted). If more investigation is needed, the prosecutor may decide to take the suspect into custody, which means that he can be detained for a maximum of another 3 days. This period can be extended once for another 3 days if there are sufficient reasons to do so.
Custody and detention
If the case is serious enough, the prosecutor may ask the magistrate judge to place the suspect in pretrial detention, this is called the detention. Pre-trial detention begins with a detention order, under which the suspect can be held for up to 14 days. Thereafter, the court's chambers may decide to extend the pretrial detention for up to 90 days, a period known as detention.
First pro forma hearing
After these 90 days, the first pro forma hearing must take place. This hearing will take place within 104 days of the arrest to secure pretrial detention. If the hearing does not take place within this period, the prosecutor must release the suspect. During the pro forma hearing, the case is not dealt with substantively, but important procedural matters are discussed.
More pro forma hearings possible
After the first pro forma hearing, another hearing must take place within ninety days. This may again be a pro forma hearing in which the progress of the case is discussed. There is no limit to the number of pro forma hearings that can take place before the case is heard in substance. This means that the suspect can remain in pretrial detention for an extended period of time while the investigation continues and the case is being prepared.
Ultimately, the substantive discussion take place.
Need a lawyer for a pro forma hearing?
At a pro forma hearing or a pre-trial hearing a defendant should be assisted by a lawyer. A lawyer will need to read up on the case and determine the best strategy together with the client. Read through this link more about the lawyer's role in the criminal process.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
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