This guide is informational. Always verify how the rules apply to your specific case.
Brief Answer: The police can arrest in an urgent case, the prosecutor decides on detention, and the court decides on remand. If a detention is to remain, the prosecutor must make a remand request without delay and no later than 12:00 on the third day after the detention decision. The court must hold a remand hearing without delay and never later than four days after the arrest or after a detention decision in the person's absence was executed. After the hearing, the court must immediately decide whether the person should be remanded or released.
A remand hearing does not finally determine if the suspect is guilty. The court examines whether the legal requirements for continued detention are met during the investigation. The prosecutor bears the burden of proof for the circumstances underlying the remand request.
This guide addresses questions about the process, time limits, indictment deadline, and new remand hearings. For an in-depth look at flight risk, collusion risk, recidivism risk, proportionality, restrictions, and the maximum time before indictment, see reasons for remand, restrictions, and time in custody. Also read when you have the right to a public defender and the overview suspected of a crime – rights from interrogation to remand.
Arrested, Detained, and Remanded – Three Different Decisions
The terms describe different stages and different decision-makers. A previous decision does not automatically transition to the next.
| Stage | Who decides? | What happens next? |
|---|---|---|
| Arrested | Police officer in an urgent case, if there are grounds for detention. In certain cases, an individual may also arrest someone caught in the act or fleeing. | The arrest must be promptly reported to the prosecutor. The arrested person should be interrogated as soon as possible, and the prosecutor then decides on detention or release. |
| Detained | Prosecutor. | The prosecutor continues the investigation and must either lift the detention or, within the legal time frame, request that the court remand the person. |
| Remanded | District court after a remand hearing. | The person is taken to or kept in custody. The court usually sets an indictment deadline, and the remand issue can be reconsidered. |
The detained person must be informed of the crime they are suspected of and the grounds for the detention.
Anyone detained or remanded has the right under Chapter 24, Section 9 a of the Code of Judicial Procedure to access the circumstances underlying the decision. This specific right should be distinguished from the ongoing access under Chapter 23, Section 18, which can be restricted if disclosure would harm the investigation.
What is a Remand Request?
A remand request is the prosecutor's application to the district court for a person to be remanded. According to Chapter 24, Section 11 of the Code of Judicial Procedure, the request must specify:
- the crime the suspicion pertains to,
- the grounds for the remand request, and
- the time of the detention.
The grounds typically include the degree of suspicion and the remand reasons cited by the prosecutor. If the prosecutor seeks permission for restrictions, that issue must also be justified. The detained person and their defender should be notified of the request immediately, if possible.
Which District Court Decides?
The matter is usually addressed by the court competent according to the forum rules of the Code of Judicial Procedure. In urgent cases, coercive measures can be addressed by another district court when the legal conditions are met. It is therefore wise to verify both the court's name and the case number in the summons or request.
Time Limits from Detention to Hearing
There are two deadlines that are often confused:
| Action | Latest Time | Starting Point |
|---|---|---|
| Prosecutor's Remand Request | Without delay and no later than 12:00 on the third day after the detention decision. | If the detention decision was made in the person's absence, the decision day is considered the day the decision was executed for this purpose. |
| Court's Remand Hearing | Without delay and never later than four days. | The time is counted from the arrest or from the execution of a detention decision made in the suspect's absence. |
Four days is 96 hours, but do not rely on your own rounding to calendar days. The exact time of the arrest or execution is important. Therefore, note when the detention actually began and check what time has been documented.
If a request for detention is not made in due time, the prosecutor must immediately revoke the arrest decision. If the prosecutor determines before the deadline that there are no grounds for detention, the detained person must be released; the prosecutor does not need to wait until the last possible moment.
Detention in Absentia
The court may, in certain cases, decide on detention when the suspect is not present, for example, if the person is evading authorities. When the decision is later enforced, the matter must be reported to the court. A new hearing must then be held without delay and no later than four days after enforcement or after the obstacle to presence has ceased.
Joint Detention and Main Hearing
The Code of Judicial Procedure allows for the detention issue to be handled together with a main hearing in certain cases. The purpose is to allow a case that is ready to be finally decided without a separate intermediate step. However, the ultimate deadlines for the detention request and detention hearing must not be exceeded.
How the Detention Hearing is Conducted
During the hearing, the prosecutor, the suspect, and normally a public defender participate. The detained person must be present unless there is an exceptional obstacle. Participation can, in certain situations, occur through audio and video transmission according to the court's decision.
- The court opens the hearing. Identity, suspicion, and claims are clarified.
- The prosecutor states the grounds. The prosecutor presents the alleged act, the degree of suspicion, the reasons for detention, and the circumstances that, according to the prosecutor, indicate risk. A request for restrictions must be specifically justified.
- The defense responds. The suspect and the defender may express their views on the suspicion, risks, proportionality, possible alternatives, and restrictions.
- The court asks questions. The court may request clarifications on, for example, the timeline, remaining investigative measures, and how an alleged risk is connected to the suspect.
- The hearing concludes and a decision is announced. The decision must be made immediately after the hearing concludes.
The detention hearing is a concentrated examination of coercive measures, not a full main hearing. Beyond what is in the preliminary investigation documents and what the parties present, other investigations into the crime may only be presented if there are special reasons. This does not prevent the defense from pointing out concrete deficiencies, alternative explanations, or less intrusive measures.
Is the Hearing Public?
The general principle is that court hearings are public. During an ongoing preliminary investigation, there are often confidential details, and the court may decide that all or parts of the detention hearing should be held behind closed doors. It is the court that makes the decision; closed doors do not automatically follow from a prosecutor's request.
The Role of the Defender
A person who is arrested or detained must be provided with a public defender if they request one. The defender can examine whether the request is sufficiently concrete, challenge the degree of suspicion, counter each reason for detention, and argue about proportionality and restrictions. Read more in the guide on public defenders.
What Can the Court Decide?
When the hearing is over, the court must immediately announce a decision. The main outcomes are as follows:
| Decision | Consequence | Continued Process |
|---|---|---|
| Detention | The suspect remains deprived of liberty and is taken to or stays in detention. | The court specifies the crime and the grounds for detention, usually sets a deadline for indictment, and considers any request for restrictions. |
| Detention on Reasonable Suspicion | So-called investigative detention can be decided in exceptional cases when probable cause has not yet been reached but other requirements are met and the deprivation of liberty is of particular importance. | A new hearing must be held within a week. If probable cause has not been reached by then, the detention must be lifted. |
| Detention Request Denied | The court must immediately revoke the arrest decision. | The preliminary investigation can continue even if the person is released. |
| Less Intrusive Measure | A travel ban or reporting obligation can be used in certain cases if it suffices to meet the purpose. | The decision contains conditions that must be followed and can later be reconsidered. |
The court must assess both the degree of suspicion, the other legal conditions, and whether the measure is proportionate. Read the substantive review in the guide on grounds for detention and restrictions.
Indictment Deadline After Detention Decision
If charges have not already been brought, the court must, according to Chapter 24, Section 18 of the Code of Judicial Procedure, determine when charges must be brought at the latest. The time must not be set longer than what is absolutely necessary.
If the preliminary investigation cannot be completed in time, the prosecutor may request an extension, but the request must be submitted before the deadline expires. The prosecutor must also provide a timeline for the preliminary investigation. The suspect and the defender should, if possible, be allowed to express their views.
If charges or a request for extension are not submitted in time, the court must immediately revoke the detention order. Before charges are filed, the prosecutor may also revoke the detention if the reasons no longer exist.
Re-detention – what does it mean in practice?
"Re-detention" is a common colloquial term for when the court examines whether a person should remain in detention. The Code of Judicial Procedure refers to a new hearing on the detention issue and the court ordering someone to remain in detention.
If charges are not filed within two weeks, the court, as a general rule, must hold a new detention hearing at intervals of no more than two weeks as long as the person is detained until charges are filed. The court must then specifically ensure that the investigation is conducted as promptly as possible. Longer intervals may be determined if, in view of the investigation or for other reasons, it is evident that a hearing within the two-week interval would be meaningless.
What is examined at the new hearing?
- whether the suspicion still reaches the correct level,
- whether each cited reason for detention still exists and is sufficiently concrete,
- what has happened in the investigation since the last examination,
- whether the prosecutor's timeline is being adhered to and the investigation is being conducted promptly,
- whether continued detention is still proportionate,
- whether less intrusive alternatives might suffice, and
- whether permission for each requested category of restrictions should continue.
The examination must be current. The fact that a risk was accepted at the first hearing does not in itself mean that the same risk remains unchanged. Particularly, the risk of collusion can change when interviews have been conducted, digital material secured, or other investigative measures completed.
How long do the two-week reviews continue?
The rule applies until charges have been filed. After charges are filed, the planning is instead governed by the rules for the ongoing criminal case. For a detained defendant, the main hearing should normally begin as soon as possible and no later than two weeks from the indictment, or within three weeks if a special preparatory meeting has been held. Longer postponements may be necessary, for example, due to the scope of the case or special investigative measures.
The nine-month limit for adults applies to the continuous detention period until charges are filed, not a total maximum limit for all time in detention after charges. This and the special three-month rule for persons under 18 are discussed further in the guide on time in detention.
Can the detention decision be appealed?
Yes. The district court's decision on detention, retention in detention, and permission for restrictions can be appealed to the Court of Appeal. According to Chapter 52, Section 1 of the Code of Judicial Procedure, such an appeal is not limited to a specific time. The appeal must be in writing and submitted to the district court, which forwards it.
Appealing the decision does not automatically stop its enforcement. The detention decision applies immediately. An appeal should specify which decision is being challenged, what change is requested, and why the level of suspicion, risk, proportionality, or permission for restrictions is considered incorrect. The defense counsel can assess whether an immediate appeal, new circumstances at the next review, or both approaches are appropriate.
Checklist for the detention process
- What exact time was the person arrested or the arrest decision executed?
- When was the arrest decision made and by whom?
- What act, criminal classification, and level of suspicion are indicated?
- When was the detention request submitted to the district court?
- What reasons for detention does the prosecutor cite and what concrete circumstances support each reason?
- Has a public defender been requested and appointed?
- Is the prosecutor requesting restrictions, and if so, which categories?
- What decision did the district court make and what reasons were given?
- On what day does the indictment deadline expire?
- When is the next detention hearing to be held?
- What investigative measures remain according to the prosecutor's timeline?
- Are there grounds to request relief, revocation, alternative coercive measures, or an appeal?
Frequently Asked Questions
Is the four-day deadline the same as three days after the arrest?
No. The deadline until 12 noon on the third day applies to the prosecutor's detention request and is counted from the arrest decision. The four-day deadline applies to when the court hearing must be held at the latest and is normally counted from the arrest.
Can the prosecutor release the arrested person before the hearing?
Yes. If there are no longer grounds for the arrest, the prosecutor must revoke the decision. A request does not need to be made just because a person has previously been arrested.
Does the court decide the issue of guilt at the detention hearing?
No. The court examines the level of suspicion and the conditions for the coercive measure. A final examination of the charges takes place later, usually at the main hearing, with the higher standard of proof required for a conviction.
Is re-detention automatic every other week?
No. The court must conduct a new review. The main rule is a maximum of two weeks for the interval before prosecution when charges are not brought within two weeks, but longer intervals can be decided when an earlier hearing would clearly be meaningless.
Must the suspect be present?
The detained person should generally be present at the first hearing; the exception is a significant obstacle. In other situations, such as detention in absentia, there are specific rules. The court can also decide on participation via video link when the legal conditions are met.
Can the court impose restrictions without the risk of collusion?
Permission according to Chapter 24, Section 5 a of the Code of Judicial Procedure requires a risk that the suspect will destroy evidence or otherwise impede the investigation. The issue of restrictions is a separate proportionality assessment and is discussed in more detail in the restrictions guide.
Official sources and further reading
- Code of Judicial Procedure (1942:740), particularly Chapter 24, Sections 5–20, Chapter 45, Section 14, and Chapter 52, Section 1
- Prosecutor's Office: Arrest and Detention
- Prosecutor's Office: Rights of Suspects
- Swedish Courts: Detention Hearing
- Swedish Courts: What Happens in a Criminal Case
Last reviewed against current legislation and official authority sources: July 29, 2026. The information is general. Deadlines and procedural choices should be verified against decisions, protocols, and the defense counsel's assessment in the individual case.
