Your rights during a police interrogation

First determine in which position you will be heard

The police can speak to someone as a suspect, witness or complainant. These roles entail different rights and obligations. This article is about interrogation as a suspect. Therefore, when receiving an invitation, also check the reason for the conversation and the position mentioned.

A conversation with the police and a summons to appear as a witness before a judge are also different situations. So do not simply apply rules from television programs or the experiences of others to your own letter. Who has already been arrested must also take into account separate detention decisions. These decisions and the questions during the interrogation each have their own legal meaning.

Prepare information, not a rehearsed story

If you are invited as a suspect, you can contact a lawyer in advance. Keep the letter and take a valid ID with you to the office. For a first meeting with the lawyer, it is particularly useful to know what the invitation states, what previous contacts have taken place and whether documents are already available. How the assistance is paid must be discussed separately.

A practical preparation is a timeline in which you distinguish between what you saw yourself, what someone else said and what you deduced afterwards. Also note where your memory is uncertain. This is a tool for a careful discussion with the lawyer, not a proposal to construct a statement. An uncertain memory does not become more reliable by adding a precise time or a certain formulation.

Consultation in advance and assistance during the interrogation have their own functions

A lawyer can explain in advance what the suspicion entails, how the interrogation will proceed and what rights you have. During the interrogation, the lawyer can look for incomprehensible questions, unauthorized pressure and problems with your health. An interruption for consultation may also be requested. Assistance is therefore more than the presence of someone at the same table.

The lawyer will not copy your answers. The role is to safeguard your interests and enable legal consultation within the rules of the interrogation. Therefore, discuss in advance what you can do if you do not understand a question or want to discuss it again. The page find a criminal lawyer explains how you can find a suitable lawyer; the explanation of costs covers the financial agreements.

The right to remain silent does not require proof of innocence

A suspect does not have to answer substantive questions. You do not first have to demonstrate that you are innocent in order to exercise your right to remain silent. At the same time, other evidence does not disappear because someone remains silent. The meaning of whether or not to explain depends partly on the contents of the file and the phase of the investigation.

The Supreme Court has explained that silence in itself does not contribute to evidence, but that the absence of a plausible explanation for incriminating circumstances can under certain conditions be taken into account in the assessment of other evidence. That makes a slogan like “silence can never have consequences” too absolute. It also makes the reverse slogan incorrect: you don't always have to answer all the questions right away. An individual assessment should be made in confidential consultation with the lawyer.

An understandable conversation starts with language and formulation

Anyone who does not speak or understand Dutch sufficiently is entitled to a free interpreter. There is also a right to translation for certain important documents. Being able to have an everyday conversation in Dutch is not automatically the same as understanding complex legal questions properly. Therefore, make a language problem concretely discussable. You do not have to enter unknown words or unclear references yourself.

Regardless of language, questions can combine different events, people or moments. An editorial rule of thumb for accuracy is therefore: first understand what event the question refers to and separate observation from assumption. “I don't know” and “I don't want to answer that question” have different meanings. The first statement is about knowledge; the second about a choice not to answer.

The report is a new audit moment

The police record observations and statements in an official report. The document may later become part of the criminal file. Afterwards, you and your lawyer can read the report of the interrogation and report inaccuracies. It is therefore relevant whether the text correctly reflects your meaning, even when the words used are neater or more formal than in the conversation.

For example, note whether an estimate has remained an estimate, whether a denial has been fully stated and whether it is clear that information came from someone else. You are not obliged to sign the report. It does not follow from this possibility that an unsigned report automatically disappears. Discuss a specific deviation so that it becomes clear what you think is incorrect and how this can be recorded.

Ask for the file and the next step

A self-declaration is only one part of a file. It may also contain declarations, statements from others, images and research findings. Rules apply to inspecting and requesting procedural documents; Access to certain documents may be restricted during the investigation. This requires a specific question about what is available, not the assumption that the complete file is already on the table during the first meeting.

The police refer suspects to the competent public prosecutor's office to request official reports and other procedural documents. Case data helps to find the right file. After the interrogation, an investigation can continue and another settlement can follow later. The overview of the criminal procedure helps to recognize which step lies ahead. A possible summons is a summons for a court hearing and has its own function.

Additional guarantees apply to minors

The explanation for adults should not simply be applied to young people. For underage suspects, the police mention mandatory consultation with a lawyer prior to the interrogation and the presence of the lawyer during the interrogation. In addition, a parent, guardian or suitable confidant may be present. The precise position of such a supervisor differs from that of the lawyer.

A parent can provide support, but does not take over legal assistance. Also indicate what support is needed in case of health problems or difficulty understanding the situation. Ask what arrangement applies to the lawyer and the costs; pro deo assistance is a separate topic.

Example: a suspicion unintentionally becomes a certainty

Hypothetical example: Noor is questioned as a suspect about an incident after a party. She remembers someone putting on a coat, but doesn't know if that person left afterwards. During the conversation you are asked what time that person left. When Noor mentions a time because it “seems logical”, she adds an inference to her memory. For a later reader, that difference may disappear.

The example shows why a clear separation between seeing, hearing and distraction helps. In consultation with her lawyer, Noor can explain what she really knows and, when reading the report, check whether those boundaries have been maintained. The example does not prove innocence or guilt. It concerns the quality of the information on which a decision about a criminal offense is later based.

Checklist for preparation and control

Use the points below for consultation with the lawyer and checking after the interrogation. Add received documents to your own overview, so that invitations, interrogations and later messages can be linked together. The checklist does not prescribe a standard statement.

• Check your position, the suspicion mentioned and the details in the invitation.
• Discuss assistance, financing and any need for an interpreter in advance.
• Before consultation, distinguish between your own perception, information from others and uncertainty.
• Indicate misunderstandings, health problems or need for consultation during the conversation.
• Check the report for meaning, estimates, denials and source of information.
• Ask what documents are available and what step is expected after the interrogation.

Preparation varies per process position

An invitation does not always say in everyday words what position you have. The guide witness or suspect helps to ask that question first. It is an essential difference: your rights and obligations partly depend on that position. If a conversation goes differently than previously announced, discuss the status of the conversation again.

Also make the link with the criminal file. Ask what documents are available for preparation and what is not yet known. For young people, parental support, legal assistance and the young person's own position are separate topics; there is an extensive guide to juvenile criminal law for this purpose.