What is a boardroom detention for minors?
When a juvenile is suspected of a criminal offense and the prosecutor wants them to be detained longer, this is presented to the Children's Court Commissioner. The judge decides whether the juvenile should remain in custody for another 14 days. After this period, the prosecutor can ask the court to extend the pretrial detention, which is called detention. This is done in a hearing of the chambers.
Stages of pretrial detention for minors
- Holding up for questioning: After arrest, a juvenile can be held at the police station for up to 9 hours for questioning. This time is used to question the juvenile and gather evidence. The hours between 00:00 and 09:00 do not count, so the total duration may be longer.
- Immobilization: If more time is needed for the investigation, the prosecutor can take the minor into custody, which means he or she can be held for up to 3 more days (72 hours). In exceptional cases, this period can be extended once for another 3 days.
- Detention: In cases of serious suspicion, the prosecutor may ask the Children's Court Commissioner to place the minor in pretrial detention. This can last up to 14 days. The juvenile is then placed in a juvenile facility.
- Detention: If the prosecutor wants the juvenile to be detained longer after detention, the request is handled by the court's chambers. Detention can last up to 90 days, usually in 30-day periods.
What happens during a boardroom detention?
The chambers hearing is a private meeting attended by the Children's Court Commissioner, the minor, the attorney, the prosecutor, the minor's parents and the Child Protection Council. The hearing proceeds as follows:
- Explanation from the children's court commissioner: The magistrate judge begins by giving cautions, telling the minor that he or she is not required to answer questions.
- Explanation by the prosecutor: The prosecutor explains why it is necessary to detain the minor longer and informs the juvenile court about the status of the investigation.
- Defense by attorney: The juvenile's attorney can then present arguments as to why, precisely, the juvenile should be released, for example, because there are insufficiently serious suspicions or because the juvenile poses no risk of flight, collusion, or recidivism.
- Input from the minor: The minor is also given the opportunity to say something, such as about the allegations or personal circumstances.
- Decision of the council chamber: The juvenile court commissioner then makes a decision. This may be to detain the juvenile longer, to release him or her, or to suspend the pretrial detention under certain conditions (for example, that the juvenile goes to school or is supervised by youth services).
How can a juvenile be released from a council chamber detention?
The defense may ask the chambers to dismiss the detention if there are no serious suspicions or grounds to detain the juvenile longer. In addition, the defense can request a suspension of the pretrial detention, allowing the juvenile to go home under conditions. If the juvenile does not comply with these conditions, the juvenile court may decide to lift the suspension and detain the juvenile again.
Importance of a lawyer at the detention boardroom
During courtroom detention, it is essential that the juvenile be assisted by an experienced attorney. The attorney plays a crucial role in preparing the defense and protecting the juvenile's rights. If you have questions or there is an impending arrest, contact an attorney immediately for guidance and advice.
Lawyer needed at detention boardroom?
At the custody hearing, your child should be assisted by an attorney. An attorney will need to read up on the case and work with the client to determine an optimal strategy. You can read via 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.
