Young person arrested

If the police suspect a young person of committing a criminal offence, the police arrest him and take him to the police station for questioning. The young person has the right to speak to a lawyer prior to questioning. The police will arrange a lawyer for the young person.

During the interrogation, the police tries to find out everything about the offence. The police asks questions. The young person does not have to answer them. The lawyer and/or parent is present during this interrogation. The police may not question a minor if no parent or designated adult or confidential adviser is present. 

The police writes down everything the young person says. The young person should read this and say whether it is correct. The police can also interview witnesses and victims. All interrogations are recorded in the official report.

When the police report is finished, the young person can usually go home. He will later hear from the public prosecutor about what is going to happen. The public prosecutor receives the official report. If necessary, he consults with the Guardianship Council, among others. They advise the public prosecutor on which steps to take. If the public prosecutor decides to prosecute, he/she asks the Guardianship Council for an investigation.

If the police want to detain the young person for a longer period after the interrogation, the police must request permission from the public prosecutor. The public prosecutor hears the young person and determines whether it is in the interest of the criminal investigation to detain the young person for a longer period. A lawyer may also be present at this hearing.

If the public prosecutor believes that the young person may be detained longer, the young person will be held in custody. This means that the young person can be detained for another three days.  The public prosecutor will inform the Guardianship Council. The Guardianship Council will then investigate the young person and his family situation within three days.

The Guardianship Council conducts an investigation to inform the public prosecutor and the court about the young person and his (family) situation. A Council investigator conducts interviews with the child, parents and others who know the child well. The Council investigator will then visit the young person at home or at the police station. He examines what the risk will be if the young person will commit a further criminal offence.

The Council investigator advises the public prosecutor or the court about the punishment or assistance that pedagogically benefits the young person and is fitting for the criminal offence. The intention is that the young person learns something from it and does not commit any further criminal offences in the future.

More information about the Council investigation.

After the advice of the Guardianship Council, the public prosecutor can decide to impose a sentence himself or to summon the young person. If he imposes a punishment himself, the young person will receive a community service order or a fine, as well as possible supervision by the juvenile probation service. In that case, the young person does not have to go to court.

If the public prosecutor summons the young person, then the young person must appear in court. This depends on the seriousness of the offence and whether the young person has committed a criminal offence before. Serious offences are, for example: serious assault, robbery and house burglary.

The young person who has been summoned must appear in court: a court hearing.  Parents who have parental authority of the young person are also obliged to attend the hearing. The hearing for a young person is not open to the public.

During the hearing the judge examines the case. The public prosecutor says what he is accusing the young person of. The judge then asks the young person questions and sometimes also the parents. The judge can also hear victims, witnesses and experts.

If the Guardianship Council is present at the hearing, the judge can ask for an explanation of the council report and the advice. At the end of the hearing, the public prosecutor demands a punishment or a measure. The judge can give his judgment immediately. If this is not the case, he will indicate when he will give his judgment.

The judge passes judgment on

• whether the fact of which the young person is suspected has been proven
• whether the offence is a criminal offence and what the offence is
• whether the suspect is liable for punishment.

He determines whether a punishment or measure is imposed and what it will be.

The young person and the public prosecutor can appeal against this judgment. If you appeal, you ask a ‘higher’ court to review whether the decision made was the right one.