What is an arraignment with the Children's Court Commissioner?
If a juvenile is suspected of a criminal offense and the prosecutor wants the juvenile to be detained longer, he or she is arraigned before the Children's Court Commissioner. This occurs after the prosecutor has asked the juvenile judge to determine that the juvenile should remain in custody for an additional 14 days. During this arraignment, which takes place behind closed doors, the suspect, his or her parents, the lawyer and the Child Protection Council are heard. The Children's Court Commissioner will then assess whether the juvenile should indeed be detained longer.
What does the children's court commissioner look at?
At an arraignment with the children's magistrate, some important questions are discussed:
- Is there serious suspicion? The juvenile court judge first considers whether there are sufficiently serious suspicions against the juvenile. If these suspicions are lacking, the juvenile is immediately released and allowed to go home with the parents.
- Are there grounds for pretrial detention? Next, the Children's Magistrate assesses whether there are grounds to detain the minor longer. There are several grounds on which pretrial detention can be based, such as:
- Escape hazard: The likelihood that the juvenile would try to flee if released.
- Collusion risk: The possibility that the juvenile, if released, could influence the investigation or destroy evidence.
- Recidivism risk: The likelihood that the juvenile will commit crimes again if released.
- The anticipation commandment: Finally, the juvenile court judge must consider the anticipation requirement. This means that the judge must consider whether the time the juvenile spends in pretrial detention could be longer than the sentence he or she will eventually receive. If this is the case, the judge may decide to release the juvenile, possibly subject to certain conditions.
The role of the lawyer and possible outcomes
During arraignment, the juvenile's attorney plays a crucial role. For example, the lawyer can argue that there are insufficient serious objections or that there are no grounds for pretrial detention. If the magistrate judge adopts these arguments, the juvenile is released immediately.
However, if the Children's Court commissioner decides that the juvenile should still be detained longer, he or she is transferred to a juvenile facility. The detention period lasts up to 14 days. Within this period, the prosecutor can submit a request to the court to extend the pretrial detention for 30, 60 or 90 days. This request is considered by the chambers. The chambers can grant the request, deny it or suspend the pretrial detention under certain conditions. A suspension means that the juvenile may go home, but must comply with certain conditions, such as compulsory education or supervision by youth services. If the juvenile does not comply with these conditions, the juvenile court judge may decide to lift the suspension and detain the juvenile again.
Upon arrest and arraignment, it is important to contact an attorney as soon as possible. This person can defend the juvenile's rights and ensure that everything possible is done to get the juvenile released.
Arrested and arraigned? Find a lawyer!
It is advisable to have your child assisted by an attorney from Kötter, L'Homme & Plasman Attorneys at Law during the arraignment at the magistrate's court. Please visit 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.
