Rights on Arrest in Denmark (2026 Legal Guide) — Rules & Requirements
About this article
Sourced from Danish Acts of Parliament (love), executive orders (bekendtgørelser), and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
When you are arrested in Denmark, you have constitutional and statutory protections:
- Told the reason: The police must tell you why you are being arrested.
- Right to a defence lawyer: You have the right to contact a defence lawyer immediately. If you cannot afford one, the court appoints one for you.
- The 24-hour rule (§ 71 of the Constitution): You must be brought before a judge within 24 hours of arrest. The judge decides whether you are remanded in custody or released.
- Right to silence: You are not obliged to give a statement to the police. Anything you say can be used as evidence.
- Right to notify someone: You have the right to notify a relative or another person of the arrest.
When does it apply?
- You are physically held by the police and told that you are under arrest.
- You are taken to a police station for formal questioning as a suspect.
What to do if you are arrested by the police in Denmark
- Ask for a defence lawyer immediately — do not answer questions until your lawyer has arrived.
- Get confirmation that you are under arrest — ask the officer to state the reason clearly.
- Give your name and address, but use your right to silence on all other matters.
- Note the time of arrest — the 24-hour clock starts immediately.
What should you NOT do?
- Don't resist the arrest — even an unlawful arrest must be challenged in court, not in the street.
- Don't waive the right to a defence lawyer — the police may try to question you before the lawyer arrives.
- Don't sign anything you do not understand — ask for an interpreter if you do not speak Danish.
About Police & Civil Rights in Denmark
Your rights during a Danish police encounter stem from Retsplejeloven (the Administration of Justice Act) and § 71 of the Constitution (Grundloven), which requires that you be brought before a judge within 24 hours of arrest. If you are stopped, you must give your name, address and date of birth — but you have the right to remain silent about criminal matters. On arrest you must be told the reason and have access to a defence lawyer (court-appointed if you cannot afford one). A search of a home normally requires a court order. Complaints about police conduct are filed with the independent DUP.
Common Questions
How long can the police hold me before I see a judge in Denmark?
Under § 71 of the Constitution you must be brought before a judge within 24 hours of arrest. The judge then decides whether you are remanded in custody or released. Note the time of arrest — the 24-hour clock starts immediately.
Do I have the right to a defence lawyer when arrested in Denmark?
Yes. You have the right to contact a defence lawyer immediately. If you cannot afford one, the court appoints one at public expense. Ask for a defence lawyer immediately on arrest and do not answer questions until your lawyer has arrived. Don't waive this right under pressure — the police must respect your request to wait.
Do I have to answer the police's questions after being arrested in Denmark?
No. You have the right to silence under the Administration of Justice Act — you are not obliged to give a statement to the police, and anything you say can be used as evidence. The police must tell you why you are being arrested, and you also have the right to notify a relative or another person. Ask for an interpreter if you do not speak Danish, and don't sign anything you do not understand.
What is the rights on arrest right in Denmark?
When you are arrested in Denmark, you have constitutional and statutory protections:Told the reason: The police must tell you why you are being arrested.Right to a defence lawyer: You have the right to contact a defence lawyer immediately. If you cannot afford one, the court appoints one for you.The 24-hour rule (§ 71 of the Constitution): You must be brought before a judge within 24 hours of arrest. The judge decides whether you are remanded in custody or released.Right to silence: You are not obliged to give a statement to the police. Anything you say can be used as evidence.Right to notify...
When does it apply — rights on arrest?
You are physically held by the police and told that you are under arrest.You are taken to a police station for formal questioning as a suspect.
What should I do if I have been arrested by the Danish police and am taken to a police station?
Ask for a defence lawyer immediately — do not answer questions until your lawyer has arrived.Get confirmation that you are under arrest — ask the officer to state the reason clearly.Give your name and address, but use your right to silence on all other matters.Note the time of arrest — the 24-hour clock starts immediately.
What should you NOT do — rights on arrest?
Don't resist the arrest — even an unlawful arrest must be challenged in court, not in the street.Don't waive the right to a defence lawyer — the police may try to question you before the lawyer arrives.Don't sign anything you do not understand — ask for an interpreter if you do not speak Danish.