Preventive Detention
Definition
Holding a person without a fresh criminal trial because the state judges them likely to commit an offence in future, a forward-looking measure distinct from conviction-based habitual-offender registration.
Related terms
- Anticipatory Bail
- A court order granted before arrest that directs the police to release a named person on bail if they are arrested on...
- Bail
- The conditional release of an accused person from custody pending trial, usually against a bond and sometimes a surety.
- Judicial Remand
- An order by a magistrate or judge committing an accused person to custody, police or judicial, during investigation or trial.
- Surety
- A person who undertakes to the court, backed by a financial bond, that the released accused will appear when required.
- Bail Bond
- The financial instrument, a sum of money or property, that backs a surety's undertaking and is forfeited if the accused fails to...
- Base Rate
- The prior probability of an event or proposition before specific evidence is considered. In forensic inference, the base rate is the probability...
- Desistance
- The process by which an individual stops offending, usually gradual rather than a single event, and typically tied to changes in routine,...
- Follow-Up Window
- The fixed length of time researchers track a released cohort before counting its recidivism rate; a longer window always catches more of...
- Habitual Offender Legislation
- Statutes that impose registration, restriction or an enhanced sentence on a person with a defined number of prior qualifying convictions, including three-strikes...
- Police Custody
- Detention of an arrested person under direct police control for questioning, tightly time limited and subject to a magistrate's authorisation beyond the...
- Police Remand
- Custody of an arrested person held by the investigating agency itself, subject to a strict statutory time limit before a magistrate must...
- Recidivism
- The tendency of a person who has been convicted of a crime to reoffend. Measured differently across jurisdictions: by reconviction, by reincarceration,...
Explained in these topics
- Judicial Remand and Bail (UGC-NET Unit V)Executive detention of a person without a criminal charge, justified by a forecast that the person threatens public order or security.
- Pre-Trial Detention, Judicial Remand and BailExecutive detention of a person without a criminal charge, justified by a forecast that the person threatens public order or security.
- Recidivism and Habitual Offending (UGC-NET Unit VIII)