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Flashcards in Week 3 Deck (15)
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1
Q

timeline NL arrest - pre-trial detention

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

arrest NL

A
  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)
3
Q

police custody NL

A
  • 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
4
Q

1st appearance NL

A
  • 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)
5
Q

pre-trial detention NL

A
  • remand in custody = max 14 days art 64(1)
  • PP can apply to 3 judges art. 65
  • material requirements art. 67
  • grounds art. 67a
6
Q

Timeline arrest-detention ECHR

A
  1. arrest art. 5(1)(c)
  2. police custody
  3. 1st appearance
  4. pre-trial detention
  5. trial
7
Q

arrest ECHR

A
  • reasonable suspicion
  • double lawfulness test
  • information about reasons for arrest and individual rights
8
Q

police custody ECHR

A
  • max 4 days

- depends on certain factors (Magee v UK)

9
Q

1st appearance ECHR

A
  • prompt + automatic
  • procedural requirements = physical presence
  • substantive requirements = judicial review
10
Q

pre-trial detention ECHR

A
  • substantive requirements = reasonable suspicion & double lawfulness test + public interest grounds + special diligence
  • procedural requirements = judicial review art 5(4) + equality of arms
11
Q

public interest grounds Czarnecki v Poland

A
  • risk of absconding
  • risk of reoffending
  • risk of obstruction
  • preservation of public order
12
Q

ECtHR Mehmet Hasan Altan v Turkey

A

requirement of reasonable suspicion for pre-trial detention

13
Q

ECtHR Czarnecki v Poland

A

lawfulness of pre-trial detention

14
Q

ECtHR Magee v UK

A

first appearance pre-trial detention art. 5 ECHR

15
Q

ECtHR Buzadji v Moldova

A

lawfulness of pre-trial detention: continued detention