Preventive detention
From Wikipedia, the free encyclopedia
Preventive detention concerns imprisonment either without justification (the prisoner is not told the grounds for the arrest) or waiting for trial.
In most democracies, no one can be arrested without being told the grounds for such an arrest, except under rare and special circumstances (usually anti-terrorism legislation). An arrested citizen has to be brought before the nearest magistrate within a certain amount of time. The arrested person has the right to defend himself by a lawyer of his choice. Depending on the laws, this lawyer can be called for as soon as the detention starts, or sometimes days or weeks later.
However, there is an exception to this general provision. Under preventive detention, the government can imprison a person for some time. It means that if the government feels that a person being at liberty can be a threat to the law and order or the unity and integrity of the nation, it can detain or arrest that person to prevent him from doing this possible harm.
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[edit] Specific jurisdictions
[edit] India
In India, preventive detention can be extended only for three months. After three months such a case is brought before an advisory board for review. In India, this is given in the Indian constitution under Right to Freedom, a Fundamental Right.
[edit] United States
In the United States of America, a person can be held in prison awaiting trial for a maximum of 120 days. This applies for remand cases.
[edit] Costa Rica
In more repressive - and generally less modern - criminal systems, the preventive detention time can be considerably longer. Such is the case of the Republic of Costa Rica, where the 1998 Criminal Proceedings Code allows for a normal "preventive" imprisonment of 12 months if the person is considered a "flight risk", but if the case is declared "complex", it can be increased to up to three years and a half of imprisonment without conviction, or even more in some cases. In fact, in Costa Rica, as of 2006, over 4,000 people were serving terms of preventive detention.[citation needed]
[edit] New Zealand definition
In New Zealand, "preventive detention" has a different meaning: it is essentially an indeterminate sentence of life imprisonment. It is a judicial sentence, handed down to individuals tried and found guilty of violent or sexual crimes (such as sociopathic murderers or recidivist pedophiles), where it is likely that the offender will reoffend if released. The incarceration is "preventive" in the sense that it prevents likely reoffending. It is an indeterminate sentence, as it does not have a set end date.
Those sentenced to preventive detention are still entitled to apply for a parole hearing; they can first apply for parole after serving five years in prison (or a longer minimum period if dictated by the sentencing judge). In practice it is less common for such individuals to receive parole, and then only if they can demonstrate they no longer pose a threat to the community.
In January 2005, a total of 56 prisoners in New Zealand were serving terms of preventive detention.
