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NCJ Number: 67376 Find in a Library
Title: PREVENTIVE CUSTODY FROM 1972-1975
Author(s): A C BERGHUIS; L C M TIGGES
Corporate Author: Netherlands Ministry of Justice
Research and Documentation Centre
Netherlands
Date Published: 1979
Page Count: 36
Sponsoring Agency: Netherlands Ministry of Justice
2500 Eh the Hague, Netherlands
Type: Statistics
Format: Document
Language: Dutch
Country: Netherlands
Annotation: THE EFFECTIVENESS OF A 1973 DUTCH LAW TO REDUCE THE USE OF PREVENTIVE DETENTION IS EVALUATED IN A STUDY OF THE DOCUMENTATION CENTER OF THE DUTCH MINISTRY OF JUSTICE.
Abstract: ACCORDING TO THE RULES GOVERNING DETENTION, ANY PERSON CAUGHT IN THE ACT OF COMMITTING A CRIME OR SUSPECTED OF A SERIOUS CRIME MAY BE DETAINED FOR A 6-HOUR PERIOD OF QUESTIONING. THE PERIOD OF DETENTION MAY BE PROLONGED TO 48 HOURS (POLICE DETENTION) BY ORDER OF AN ASSISTANT PROSECUTOR, WHO MUST INFORM THE PUBLIC PROSECUTOR OF THE ACTION. THE LATTER MAY ORDER THE SUSPECT RELEASED, EXTEND DETENTION ANOTHER 48 HOURS, ORDER THE SUSPECT BROUGHT BEFORE HIM, OR TAKE THE SUSPECT BEFORE THE EXAMINING MAGISTRATE WITH THE REQUEST THAT THE SUSPECT BE REMANDED TO CUSTODY FOR 6 DAYS. THE MAGISTRATE GRANTS THE REQUEST ONLY IF THE OFFENSE REQUIRES ARREST AND THERE IS DANGER OF FLIGHT OR REPETITION. THE PERIOD OF DETENTION CAN BE EXTENDED FOR A MAXIMUM OF 6 MORE DAYS. THE PUBLIC PROSECUTOR MAY ALSO APPLY TO THE DISTRICT COURT FOR A FURTHER DETENTION PERIOD OF 30 DAYS RENEWABLE TWICE FOR 30 DAYS EACH TIME. STUDY DATA USED IN EVALUATING THE EFFECTIVENESS OF THESE PROVISIONS DERIVE FROM OBLIGATORY FORMS FILED BY THE 19 DISTRICT COURTS AND THE COURTS OF APPEALS IN 1972 AND 1975. ONLY ADULT CRIMINAL CASES BROUGHT BEFORE DISTICT COURTS AS COURTS OF FIRST INSTANCE OR TAKEN TO A HIGHER COURT FOR APPEAL ARE CONSIDERED. THE RESULTS INDICATE THAT CASES OF 6-DAY REMANDS INTO CUSTODY DECREASED BY 18 PERCENT FROM 1972 TO 1975, DESPITE A RISE IN THE NUMBER OF SERIOUS CRIMES TRIED. THE DECREASE IS PARTICULARLY MARKED FOR PROPERTY CRIMES AND SEXUAL OFFENSES. DECREASES VARY FROM DISTRICT TO DISTRICT, ESPECIALLY FOR PROPERTY CRIMES, BUT THE RELATIVE DIFFERENCES AMONG DISTRICTS HAVE REMAINED THE SAME AS BEFORE THE LAW CAME INTO FORCE. PROTECTIVE CUSTODY IS VERY COMMON IN LARGE DISTRICTS. THE PERCENTAGE OF PERSONS HELD IN CUSTODY FOR LONGER THAN 130 DAYS DROPS FROM 8.4 PERCENT IN 1972 TO 6.2 PERCENT IN 1975. THE DECREASE IS GREATEST FOR SEXUAL CRIMES AND PROPERTY OFFENSES, WHILE DETENTION FOR AGGRESSIVE OFFENSES INCREASES FROM 9.5 TO 14.3 PERCENT. NOT ALL DISTRICTS SHOW A DECREASE, BUT VARIATION FROM DISTRICT TO DISTRICT WAS LESS IN 1975 THAN IN 1972. NO PATTERNS OF APPLICATION OF THE LAW BY CRIMINAL AUTHORITIES CAN BE DETERMINED. STUDIES IN PROGRESS SEEK TO ESTABLISH PATTERNS BY ANALYSIS OF CRIMINAL RECORDS. DATA TABLES ARE SUPPLIED. --IN DUTCH.
Index Term(s): Evaluative research; Laws and Statutes; Netherlands; Preventive detention; Remand procedures
Note: POLICY STUDIES SERIES N 10
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