Preventive Detention
Preventive detention is a measure whereby a person can be detained without trial, usually for a limited period of time, in order to prevent them from committing a crime. It is often used in cases where there is evidence that a person is planning to commit a crime, but there is not enough evidence to charge them with a crime.
Preventive detention is controversial, as it can be seen as a violation of individual rights. However, it is often seen as a necessary measure to protect public safety.
History of Preventive Detention
Preventive detention has been used in many countries throughout history. One of the earliest examples of preventive detention was the Roman practice of praetorian edict. This edict allowed the Roman emperor to detain anyone who was considered to be a threat to public safety.
Preventive detention was also used in England during the 18th and 19th centuries. The English government used preventive detention to detain people who were considered to be a threat to public order, such as political dissidents and criminals.
In the United States, preventive detention was first used during the Civil War. The Union government used preventive detention to detain Confederate sympathizers.
Preventive detention has also been used in many other countries, including India, Pakistan, and South Africa.
Types of Preventive Detention
There are two main types of preventive detention: administrative detention and judicial detention.
Administrative detention is detention without trial by a court. It is usually ordered by the executive branch of government, such as the president or prime minister.
Judicial detention is detention after a person has been charged with a crime. However, the person is not released on bail, even if they are not a flight risk or a danger to the community.
Reasons for Preventive Detention
There are many reasons why a government might use preventive detention. Some of the most common reasons include:
- To prevent a person from committing a crime
- To protect public safety
- To prevent a person from fleeing the country
- To prevent a person from interfering with the investigation of a crime
- To prevent a person from influencing witnesses
Laws Governing Preventive Detention
The laws governing preventive detention vary from country to country. However, there are some general principles that are common to most countries.
First, preventive detention must be authorized by law. The law must specify the grounds on which a person can be detained, the procedures for detention, and the maximum period of detention.
Second, preventive detention must be necessary to protect public safety. The government must show that there is a real and imminent threat to public safety, and that preventive detention is the only way to prevent the threat from occurring.
Third, preventive detention must be proportionate to the threat. The government must show that the measures taken are no more restrictive than necessary to protect public safety.
Fourth, preventive detention must be subject to judicial review. A court must review the decision to detain a person, and must ensure that the detention is lawful and justified.
Challenges to Preventive Detention
Preventive detention has been challenged on a number of grounds. Some of the most common challenges include:
- That preventive detention violates the right to liberty
- That preventive detention is arbitrary and discriminatory
- That preventive detention is ineffective in preventing crime
Conclusion
Preventive detention is a controversial measure that has been used in many countries throughout history. It is often seen as a necessary measure to protect public safety, but it can also be seen as a violation of individual rights. The laws governing preventive detention vary from country to country, but there are some general principles that are common to most countries. Preventive detention must be authorized by law, necessary to protect public safety, proportionate to the threat, and subject to judicial review.