If the person is in detention now
Call before you read any further. This is one of the few situations where hours matter.
Rights from the first moment
To know why they are being held. To have a lawyer, including from the moment of detention, and to speak with them privately.
To stay silent. Not to sign documents they do not understand. To have a relative notified. If they are a foreign national, to have the consulate notified. An interpreter where needed.
Administrative detention and detention within criminal proceedings are different things, each with its own time limits.
The remand measure
It is not a punishment but a safeguard for the process. The available measures differ in severity, from an undertaking to appear, through bail and house arrest, to custody.
The court assesses whether there is a reasonable suspicion that an offence was committed and whether there is a real risk of absconding or of further offending.
This is where specifics work: an address, employment, family, health, a clean record, readiness to post bail. General assertions carry no weight.
A measure can be varied. Once imposed, it can be relaxed if circumstances change.
What a relative can do
Arrange a lawyer. Prepare documents showing address, employment, family and health. Do not discuss the case by telephone.
Do not bring or pass anything to the detained person without asking what is permitted.
If they are a foreign national
Questions of consular notification, an interpreter, and measures affecting the ability to leave the country are added. Say so at once.
Related
Pre-trial proceedings, European Arrest Warrant.
What I will need
The name, where they are held and since when. Any document received. Details of address, employment and family. Medical records if there is a health condition.
This page provides general information and does not constitute legal advice on any specific case. Rights and deadlines depend on the facts and the applicable law.