At Netherlands may arrest minors, after which they are entitled to a lawyer. However, this is done under strict conditions and in specific circumstances. The arrest of a child or minor can be drastic. The age of the child plays an important role in the procedure and the rights that apply during an arrest. If the prosecutor wants to detain your child longer, they will have to be arraigned at the magistrate's court. When a minor is arrested, he or she has the right to an attorney.
Children as young as 12 can be criminally prosecuted and can be arrested in that context if they are suspected of a criminal offense. However, stricter rules apply to children than to adults to safeguard their rights. For example, parents or guardians must be notified immediately of a minor's arrest and the child has the right to the assistance of an attorney from the moment of arrest.
Prosecution of child under 12? Not possible!
For children under 12, criminal charges are not possible, and they cannot in principle be arrested for criminal offenses. However, they can be taken to the station by the police if there are concerns about their safety or if they are suspected of a serious incident, but this is done mainly to protect them or to inform their parents.
In all cases, efforts are made to keep the duration of children's custody as short as possible, and their age and vulnerability are taken into account when taking further steps in the criminal process. You can contact us via this link read more about your rights after you are arrested. Here it specifically addresses what a child faces when arrested.
Arrest of child or minor? Get in touch!
If an arrest of your child or minor takes place, we can help you. You can have your child assisted by a lawyer from Kötter, L'Homme & Plasman Lawyers after the arrest. 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 via our emergency phone number 06-26219010. We have extensive experience with the arrest of a child or minor and can act quickly.
