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Detention is the process whereby a state or private citizen holds a person by removing or restricting their freedom or liberty at that time. Detention can be due to (pending) criminal charges against the individual pursuant to a prosecution or to protect a person or property.
Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a prison or detention centre or held under house arrest.
Virtually all individuals who are arbitrarily arrested are given no explanation as to why they are being arrested, and they are not shown any arrest warrant. [4] Depending on the social context, many or the vast majority of arbitrarily arrested individuals may be held incommunicado and their whereabouts can be concealed from their family, associates, the public population and open trial courts.
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.
A Miranda warning is required only when a person is in custody (i.e., is not free to leave) and is being interrogated, and the results of this interrogation are to be used in court. [27] An officer is not required to inform a person of the Miranda rights if the officer will not be questioning the detainee any further after the arrest.
Detention basin, an artificial flow control structure that is used to contain flood water for a limited period of time; Immigration detention, imprisonment of an unauthorised person entering a country; Preventive detention, detention intended to prevent criminal acts; Remand (detention), the keeping in custody of an arrested person awaiting ...
Imprisonment is no other thing than the restraint of a man's liberty, whether it be in the open field, or in the stocks, or in the cage in the streets or in a man's own house, as well as in the common gaols; and in all the places the party so restrained is said to be a prisoner so long as he hath not his liberty freely to go at all times to all ...
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 ...