Tuesday, December 22, 2015 - 15:45
Top Dutch court guarantees right to attorney during police interrogations
From March 1st, 2016 arrested suspects will have the right to have a lawyer present during police questioning, the Supreme Court decided on Tuesday. This means that the suspect must be informed of this right before questioning starts, and can only be questioned without a lawyer if he explicitly waives this right, the court explained, according to news wire ANP. Failure to comply with this right will not automatically mean that a statement given without a lawyer present can not be used as evidence, according to the Supreme Court. A court will have to determine whether or not to use a statement on a case-by-case basis. The Supreme Court already stated in April 2014 that the right to have a lawyer present during police questioning must be added to the law. The new law is in line with European case law and the current EU-guideline.