The Definition Of Preventive Detention Essay

The definition of detention is unclear and difficult to develop a framework when there is no actual physical restraint or legal obligation. A legal test for psychological detention could be whether a reasonable person would consider that his or her rights to act liberally have been removed but to comply in that particular circumstance. According to ss.9 and 10(b) of the Charter, Mr. Grant was considered detained even before he was asked what he possessed: initial police

Failure to abide by these procedures can result in a mistrial or exclusion of evidence. Types of improper procedure can include a non-consented and unreasonable search being conducted, entry onto a property without lawful authority (such as a warrant), an arrest without reasonable suspicion, arrest purely for questioning, use of excessive force, failing to allow an arrested person to have their rights, and keeping an uncharged suspect in custody for more than 4 hours (8 with consent form the magistrate). This rule does not apply to suspects of terrorism, who can be held in custody without a charge for up to 14 days. These procedures help protect the rights and safety of victims, suspects and

Preventative Detention Orders serve as a viable alternatives to judicial trials, by allowing Police to ‘detain or restrict the movement of individuals without charge or conviction’. External reviews of PDO’s by the Law Council of Australia has deemed these measures ‘justifiably balance security and civil liberties’ by prioritizing community safety over the presumed innocence of terror

Indefinite detention is an extremely controversial issue consisting of valid arguments on both sides of the debate; however, Queensland’s Dangerous Prisoners (Sex Offenders) Act 2003, including the amendment made to it in 2009 and part 10 of the Penalties and Sentences act 1992 (Qld) all provide a desirable outcome. These laws are scrutinized by many but evidently all contribute to the equitable way that this system functions. Although on the face of it, indefinitely detaining a prisoner may be perceived by some as infringing the fundamental rules of law, in reality extensive measures are taken through the legislative processes of these laws to ensure that a just decision is made in respects to the continuation of a detention order. By doing

A detention is reasonable when the detaining officer can point to specific articulable facts that, under the totality of the circumstance, provide an objective basis for suspecting the particular person detained may be involved in criminal activity. (People v. Souza (1994) 9 Cal.4th 224.) As such, an investigatory stop based on mere curiosity, rumor or hunch is an unlawful seizure, even though the officer may be acting in good faith. (People v. Clair (1992) 2 Cal.4th 629.) Nonetheless, reasonable suspicion cannot be justified after the fact by evidence of criminal activity uncovered during the course of the detention. (People v. Gale (1973) 9 Cal.3d 788.) Moreover, mere proximity cannot be enough to create reasonable suspicion because proximity

Section 10 (b) everyone has the right to arrest or detention to retain and instruct counsel without delay and to be informed of that right.

of crimes. The purpose of this paper is to discuss and outline the differences among jails

The federal, state, and local governments have facilities to confine people. Individuals awaiting trial, being held pending citations for non-custodial offenses, and those convicted of misdemeanors (crimes which carry a

The Corrective Detention is similar to a prison we have today, but the Corrective Detention is not at all guarded. To explain, on page 66, Equality states, “The locks are old on the doors and there are no guards about.” Therefore, the Corrective Detention is very easy to escape from. The reason The World Council has this is because they want the citizens

individual may be detained at a secured facility if it is determined in the best interest of the

A 2014 U.S. National Research Council reports discovered that in 2012, around one-fourth of the world's whole detained populace was housed in the United States. On a normal, 1 in every 100 Americans are in detainment facilities (Freudenberg, Daniels, Crum, Perkins, & Richie, 2005). One correctional facility practice has come under contemplation in recent years because of the separation of prisoners into special management for the purposes of severe punishment. It is commonly known as solitary confinement, segregation, isolation, and special management. This practice frequently involves sending prisoners in small, confined (precisely a box) for months, or even years. Long-haul detainment as an option apparently is more sympathetic sentence for detainees who have carried out terrible wrongdoings, and may not be considerably more caring than capital punishment. Turns out that keeping prisoners imprisoned in isolation for long-haul sentences can have genuinely harmful impacts on prisoners.

“Crime control view: Inmates are criminals who have harmed others and must be made to pay for their misdeeds. Convicted criminals have, by definition, forfeited their right to freedom and liberty. The suffering they endure in confinement serves to deter future criminal behaviors. The fewer rights inmates have, the greater the deterrent effect of punishment.” (Siegal & Bartollas, 2010, pg. 209)

The most essential features of our criminal justice system is bail, preventive detention, and plea bargaining. These three features are necessary for our criminal justice system to work the way it does. One of the most beneficial way, two of these systems benefit the criminal justice system, is by lessening the burden on prisons and jails, which are already over capacity. In some ways bail, preventive detention, and plea bargaining are seen as controversial and counterproductive to our criminal justice system, but are required to maintain an equality between safety, fairness and justice.

The role of the custody officer was created by the Police and Criminal evidence act 1984 (PACE act). Throughout this essay I will be discussing the role of the custody officer and exploring the stages that must be undertaken when a person is detained and processed through custody post arrest. I will also discuss the various sections of the Human Rights Act 1998 that are affected when a person is detained, the limits of a persons detention, and the processes that must be undertaken if the custody officer wishes to extend the time that a person is kept in custody. I will be exploring the duties of the custody officer and what the job role entails on a day to day basis. Whatever is done by the custody officer is to be undertaken in a certain

Prisons and jails are both referred to as incarcerations. A prison is where people get physically confined and lack personal freedom, and also those awaiting trails and those serving a term exceeding one year are confined here, while a jail is where inmates are housed prior to their trials on local level and those serving a term of one year or less. The society is protected from the offenders by them being confined in prisons, where their behaviors can be monitored, or they can be placed in community-based facilities which are secured and also offer an opportunity for the prisoners to acquire skills and knowledge through work related activities. The jail on the other hand serves the purpose of detaining law offenders of which they shall