Legal Definitions - detention

Definition: Detention refers to the act of holding a person in custody, either as a form of confinement or compulsory delay.

Examples:

• Investigative detention: This refers to the holding of a suspect without formal arrest during the investigation of their participation in a crime. For example, if the police have probable cause to suspect someone of a crime but do not have enough evidence to make an arrest, they may detain the person for questioning.
• Pretrial detention: This refers to the holding of a defendant before trial on criminal charges either because the established bail could not be posted or because release was denied. For example, if someone is charged with a serious crime and the court believes they are a flight risk or a danger to the community, they may be held in detention until their trial.
• Preventive detention: This refers to confinement imposed usually on a criminal defendant who has threatened to escape, poses a risk of harm, or has otherwise violated the law while awaiting trial, or on a mentally ill person who may cause harm. For example, if someone has a history of violence and is charged with a serious crime, the court may order them to be held in preventive detention to ensure they do not harm anyone while awaiting trial.

These examples illustrate how detention can be used in different contexts, such as criminal investigations, pretrial proceedings, and mental health cases. In each case, detention is used to ensure public safety and prevent harm to individuals or society as a whole.