Property and process / K2
Arrest and pretrial detention
The person is arrested for a non-violent offence carrying up to 2 years in prison. They have a home and a job.
What we score
How long until they see a judge, and will they be released before trial?
Default assumptions: Unless a vignette says otherwise, the person is a 30-year-old citizen of sound mind with no criminal record, acting alone, on their own behalf and not for profit, in an ordinary residential area. Where subnational units (states, provinces, cantons, Länder) make their own law, each unit is scored and the result is weighted by population. 'The state' includes police, prosecutors, courts, regulators, tax authorities and anyone acting on their orders, including platforms obeying takedown orders.
Score anchors
Both the law score and the practice score use these anchors. Half points are used when a country sits between two of them.
| Score | What it means for this vignette |
|---|---|
| 10 | Judge within 24 hours; release without conditions is the norm. |
| 8 | Judge within 48 hours; release on affordable conditions. |
| 6 | Judge within 48 hours; money bail is often set and sometimes unaffordable. |
| 4 | Bail commonly unaffordable, or pressure to plead guilty to get out. |
| 3 | Mandatory pretrial detention for a broad list of offences. |
| 2 | Months of detention common. |
| 1 | Years of pretrial detention common. |
| 0 | Incommunicado or indefinite detention. |
Evidence used: Criminal-procedure rules on first appearance and bail; pretrial detention statistics; plea-bargaining rates.
How each country scores
| Country | Law | Practice | Process | Score | Why |
|---|---|---|---|---|---|
| Denmark | 9 | 9 | 0 | 9.0 | Grundloven § 71 and retsplejeloven § 760(2) require anyone arrested to be brought before a judge within 24 hours, and most are released earlier. Pre-trial custody needs an offence carrying 1.5 years or more plus a specific risk of flight, reoffending or obstruction (§ 762(1)), and is barred where it would be disproportionate (§ 762(3)). Denmark has no money bail. A suspect with a home and job charged with a non-violent 2-year offence is normally released. |
| New Zealand | 9 | 8.5 | 0 | 8.7 | A defendant charged with an offence carrying under 3 years' imprisonment is bailable as of right (Bail Act 2000 s7(2)), except for assault on a child or family-violence assault and for people with prior convictions punishable by imprisonment (s7(4)). Arrested people must be brought before a court as soon as possible (Bill of Rights Act s23), usually the next court day, and money bail is not used. A first-time non-violent defendant with a home and job is normally released on police bail or court bail with conditions. |
| Germany | 8 | 9 | 0 | 8.6 | An arrested suspect must see a judge by the end of the day after the arrest (Art. 104(3) GG), so at most about 48 hours. Pretrial detention needs a specific ground such as flight risk. A detention order can be suspended on conditions such as reporting or a 'reasonable' security (§ 116 StPO). For a non-violent offence with a home and a job, release without detention is normal. |
| Netherlands | 7 | 9 | 0 | 8.2 | A suspect may be held for questioning for at most 6 to 9 hours, not counting midnight to 9 am (art. 56a Sv). Police custody (inverzekeringstelling) and pretrial detention are allowed only for offences carrying 4 years or more or on a specific list (arts. 58 and 67). Where custody is allowed, the suspect must see the investigating judge within 3 days and 18 hours (art. 59a), which is longer than 48 hours. There is no money bail; for a non-listed 2-year offence a suspect with a home and job is released the same day. |
| United Kingdom | 8 | 8 | 0 | 8.0 | PACE 1984 s41 limits detention without charge to 24 hours (extendable to 36, and to 96 with a magistrate). A person charged and refused police bail must be brought before the next available magistrates' court. The Bail Act 1976 s4 gives a general right to bail, and money bail is not used. For a non-violent offence with a home and job, police normally release under investigation or on bail, sometimes with conditions. |
| Ireland | 8 | 8 | 0 | 8.0 | Detention for questioning is limited to 24 hours for ordinary offences (Criminal Justice Act 1984 s4), and a person charged must be brought before the District Court as soon as practicable or released on station bail. Bail is presumed under the Constitution, and refusal on the ground of likely reoffending applies only to 'serious offences' carrying 5 years or more (Bail Act 1997), which excludes a 2-year offence. Bail may require a cash lodgement or surety, but for a non-violent offence with a home and job, release is the norm. |
| Czechia | 7.5 | 8 | 0 | 7.8 | A detained person must be handed to a court within 48 hours, and the judge must decide within 24 hours of the prosecutor's motion (Criminal Procedure Code § 77). Custody is barred for intentional offences with a maximum of 2 years or less, except for flight, interference or repeat offending (§ 68(2)-(3)). Czech law has no money-bail-as-default. A person with a home and a job is normally released by police without a custody motion. |
| Switzerland | 6 | 7 | 0 | 6.6 | Police must release an arrested person or hand them to the prosecutor within 24 hours. The prosecutor must apply for remand within 48 hours of arrest, and the compulsory measures court decides within 48 hours of the application, so a judge may not be seen for up to about 4 days (Criminal Procedure Code Arts. 219, 224-226). Remand requires strong suspicion plus a risk of flight, collusion or serious reoffending (Art. 221), and there is no routine money bail. Remand for risk of collusion is common in larger investigations, but a resident with a job facing a minor non-violent charge is usually released after questioning. |
| Singapore | 6 | 7 | 0 | 6.6 | Under CPC s68, a person arrested without a warrant must be brought before a Magistrate within 48 hours. Under s92, a person accused of a bailable offence must be released on bail or personal bond, but the court may order continued detention to allow investigations. Bail usually requires a surety and is typically set at affordable levels for minor non-violent offences, but access to a lawyer can be delayed during investigation. |
| United States | 6 | 5 | 0 | 5.4 | A judge must find probable cause within 48 hours of a warrantless arrest (County of Riverside v. McLaughlin, 1991). Money bail is legal in most states, though Illinois abolished cash bail in 2023 and New Jersey and New York sharply limit it for non-violent offences. About 457,000 people sit in jail unconvicted; the median felony bail is $10,000, and inability to pay is the main reason. A defendant with a job and home in a non-violent case is usually released, but pressure to plead guilty is strong. |
| Mexico | 6 | 5 | −0.5 | 4.9 | Constitution art. 16: prosecutors may hold a suspect at most 48 hours before release or presentation to a judge. Art. 19 allows pretrial detention only when other measures fail, except for a catalogue of mandatory-detention offences (expanded on 31 December 2024) that does not include a minor non-violent 2-year offence. Precautionary measures include money guarantees. At the end of 2025, 42.2% of Mexico's 231,436 prisoners (97,722 people) had no sentence (INEGI). |