Concept
Pre-trial detention
Related concepts (13)
Arrest warrant
An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state which authorizes the arrest and detention of an individual or the search and seizure of an individual's property. Arrest warrants are issued by a judge or justice of the peace under the Criminal Code. Once the warrant has been issued, section 29 of the code requires that the arresting officer must give notice to the accused of the existence of the warrant, the reason for it, and produce it if requested, if it is feasible to do so.
Bail
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may be charged with the crime of failure to appear.
Prison
A prison, also known as a jail, gaol (dated, British and South African; historically used in Canada and Australia), penitentiary (North American English), detention center (or detention centre outside the US), correction center, correctional facility, lock-up, hoosegow or remand center, is a facility in which convicted criminals are confined involuntarily (against their will) and denied a variety of freedoms under the authority of the state as punishment for various crimes.
Right to counsel
In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial. Historically, however, not all countries have always recognized the right to counsel. The right is often included in national constitutions.
Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest.
Indefinite detention
Indefinite detention is the incarceration of an arrested person by a national government or law enforcement agency for an indefinite amount of time without a trial. The Human Rights Watch considers this practice as violating national and international laws, particularly human rights laws, although it remains in legislation in various liberal democracies. In recent years, governments have indefinitely incarcerated individuals suspected of terrorism, often in black sites, sometimes declaring them enemy combatants – a notable example being the Guantanamo Bay detention camp.
House arrest
In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if allowed at all. House arrest is an alternative to being in a prison while awaiting trial or after sentencing. While house arrest can be applied to criminal cases when prison does not seem an appropriate measure, the term is often applied to the use of house confinement as a measure of repression by authoritarian governments against political dissidents.
Detention (imprisonment)
Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention centre), either for interrogation or as punishment for a crime (see prison). An individual may be detained due a psychiatric disorder, potentially to treat this disorder involuntarily.
Internment
Internment is the imprisonment of people, commonly in large groups, without charges or intent to file charges. The term is especially used for the confinement "of enemy citizens in wartime or of terrorism suspects". Thus, while it can simply mean imprisonment, it tends to refer to preventive confinement rather than confinement after having been convicted of some crime. Use of these terms is subject to debate and political sensitivities.
Habeas corpus
Habeas corpus (ˈheɪbiəs_ˈkɔrpəs; from Medieval Latin, that you have the body) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of habeas corpus was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement".