DETOUR - Towards Pre-trial Detention as Ultima Ratio: 2nd Dutch National Report on Expert Interviews

Abstract

This national report is created within a European research project, commissioned by the Europe-an Commission, with the title ‘DETOUR – Towards Pre-trial Detention as Ultima Ratio’ that was conducted in 2016-2017. The research project aimed at exploring and analysing pre-trial detention practice, especially different ways of reducing the use of pre-trial detention in seven European jurisdictions (Austria, Germany, Romania, Belgium, Lithuania, Ireland and the Neth-erlands). Within the project we investigated whether pre-trial detention is used as ultima ratio (i.e. as a last resort) in these jurisdictions. In this context, both the availability (legally and prac-tically) and the use of alternatives for pre-trial detention were investigated. A focus also lies on the European Union (EU) mutual recognition instruments laid down in the framework decisions on the European Arrest Warrant (EAW) and the European Supervision Order (ESO). Both instruments have an impact on pre-trial detention practice, especially the ESO, which specifically aims at reducing the need for pre-trial detention by enhancing the possibilities to apply alterna-tive measures. Relevant questions in this respect are whether these instruments are used at the national level, and if there are challenges or hindrances in their use. More information on the DETOUR project can be found on the project’s website at <http://irks.at/detour/>. In this national report, the Dutch theory and practice concerning pre-trial detention is explored, with a specific focus on the use of alternatives for pre-trial detention. This national report builds upon the working paper on the Netherlands that was published in October 2016, available on the DETOUR project’s website.