Week 3

Question 1

timeline NL arrest - pre-trial detention

Answer 1

1. arrest
2, police custody
3. 1st appearance
4. pre-trial detention
5. trial

Question 2

arrest NL

Answer 2

1. flagrant crimes = suspect caught red-handed (art.53)
   - reasonable suspicion required (art. 54)
   - definition suspect Art. 27(1)
   - any offence
2. non-flagrant crimes
   - reasonable suspicion required
   - definition suspect
   - certain offences (art. 67)
   - purpose detention = gaining information art. 61
   - ordered by PP art. 54(1)

Question 3

police custody NL

Answer 3

• reasonable suspicion
• last up to 3 days, extended by 3 days if urgent art. 58(2)
• after 9 hours (+9 at night) PP interrogates suspect and checks lawfulness art. 57

Question 4

1st appearance NL

Answer 4

• within 3 days and 18 hours from time of arrest art. 59a
• investigative judge examines lawfulness of arrest
• lawful? = remand in custody can be ordered by investigative judge art. 63(1)

Question 5

pre-trial detention NL

Answer 5

• remand in custody = max 14 days art 64(1)
• PP can apply to 3 judges art. 65
• material requirements art. 67
• grounds art. 67a

Question 6

Timeline arrest-detention ECHR

Answer 6

1. arrest art. 5(1)(c)
2. police custody
3. 1st appearance
4. pre-trial detention
5. trial

Question 7

arrest ECHR

Answer 7

• reasonable suspicion
• double lawfulness test
• information about reasons for arrest and individual rights

Question 8

police custody ECHR

Answer 8

• max 4 days

- depends on certain factors (Magee v UK)

Question 9

1st appearance ECHR

Answer 9

• prompt + automatic
• procedural requirements = physical presence
• substantive requirements = judicial review

Question 10

pre-trial detention ECHR

Answer 10

• substantive requirements = reasonable suspicion & double lawfulness test + public interest grounds + special diligence
• procedural requirements = judicial review art 5(4) + equality of arms

Question 11

public interest grounds Czarnecki v Poland

Answer 11

• risk of absconding
• risk of reoffending
• risk of obstruction
• preservation of public order

Question 12

ECtHR Mehmet Hasan Altan v Turkey

Answer 12

requirement of reasonable suspicion for pre-trial detention

Question 13

ECtHR Czarnecki v Poland

Answer 13

lawfulness of pre-trial detention

Question 14

ECtHR Magee v UK

Answer 14

first appearance pre-trial detention art. 5 ECHR

Question 15

ECtHR Buzadji v Moldova

Answer 15

lawfulness of pre-trial detention: continued detention