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Pre-trial detention
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Pre-trial detention
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 jail, prison or detention centre or held under house arrest. Varying terminology is used, especially from country to country; the term "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. In the United States, "remand" is rare except in official documents, and "jail" is the most commonly used term. Detention before charge is commonly referred to as custody and continued detention after conviction is referred to as imprisonment.
Because imprisonment without trial is contrary to the presumption of innocence, pre-trial detention in liberal democracies is usually subject to safeguards and restrictions. Typically, a suspect will be remanded only if it is likely that they could commit a serious crime, interfere with the investigation, or fail to come to the trial. In the majority of court cases, the suspect will not be in detention while awaiting trial, often with restrictions such as bail.
Research on pre-trial detention in the United States has found that pre-trial detention increases the likelihood of convictions, primarily because individuals who would otherwise be acquitted or have their charges dropped enter guilty pleas. A 2021 review of existing research found that "the current pretrial system [in the US] imposes substantial short- and long-term economic harms on detained defendants in terms of lost earnings and government assistance, while providing little in the way of decreased criminal activity for the public interest... the costs of cash bail and pretrial detention are disproportionately borne by Black and Hispanic individuals, giving rise to large and unfair racial differences in cash bail and detention that cannot be explained by underlying differences in pretrial misconduct risk."
The pre-charge detention period is the period of time during which an individual can be held and questioned by police, prior to being charged with an offence. Not all countries have such a concept, and in those that do, the period for which a person may be detained without charge varies by jurisdiction. The prohibition of prolonged detention without charge, habeas corpus, was first introduced in England about a century after the 1215 Magna Carta; the use of habeas corpus ad subjiciendum in 1305 was cited by William Blackstone.
Under Article 8 of the Charter of Fundamental Rights and Basic Freedoms of the Czech Republic, which has the same legal standing as the Czech Constitution, a suspect must be immediately familiarised with the grounds of detention, must be interviewed and within 48 hours either released or charged and handed over to a court. The court then has a further 24 hours either to order a custody, or to release the person detained.
Detailed rules of detention are included in the Criminal Procedural Code. The police may arrest and detain a suspect after obtaining prosecutor's consent. In an urgent case the police may detain a suspect without the consent. In both cases, however, the police detention may take place only when grounds for pre-trial detention exist. The statutory limits of 48 + 24 hours must be complied with and reaching the time limit should aways trigger immediate release, unless a court has ordered pre-trial custody.
Anybody may detain a person, who was caught while perpetrating a crime (not a misdemeanor) or immediately after it, when capturing of the perpetrator is necessary to either ascertain the perpetrator's identity or to prevent the perpetrator from escaping or to secure evidence. The perpetrator must immediately be handed over to the police, or when that is not possible, detention of the perpetrator must be immediately reported to the police.
According to a reply of the Supreme People's Court, detention refers to the detention of a suspect or defendant in a specific place in accordance with the law, restricting or temporarily depriving them. Compulsory measures for personal freedom include arrest and detention. Criminal detention is when public security departments and prosecutor's offices deal with criminal cases, in which current criminals or major suspects are temporarily deprived of their personal freedom and detained in a statutory emergency situation.
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Pre-trial detention
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 jail, prison or detention centre or held under house arrest. Varying terminology is used, especially from country to country; the term "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. In the United States, "remand" is rare except in official documents, and "jail" is the most commonly used term. Detention before charge is commonly referred to as custody and continued detention after conviction is referred to as imprisonment.
Because imprisonment without trial is contrary to the presumption of innocence, pre-trial detention in liberal democracies is usually subject to safeguards and restrictions. Typically, a suspect will be remanded only if it is likely that they could commit a serious crime, interfere with the investigation, or fail to come to the trial. In the majority of court cases, the suspect will not be in detention while awaiting trial, often with restrictions such as bail.
Research on pre-trial detention in the United States has found that pre-trial detention increases the likelihood of convictions, primarily because individuals who would otherwise be acquitted or have their charges dropped enter guilty pleas. A 2021 review of existing research found that "the current pretrial system [in the US] imposes substantial short- and long-term economic harms on detained defendants in terms of lost earnings and government assistance, while providing little in the way of decreased criminal activity for the public interest... the costs of cash bail and pretrial detention are disproportionately borne by Black and Hispanic individuals, giving rise to large and unfair racial differences in cash bail and detention that cannot be explained by underlying differences in pretrial misconduct risk."
The pre-charge detention period is the period of time during which an individual can be held and questioned by police, prior to being charged with an offence. Not all countries have such a concept, and in those that do, the period for which a person may be detained without charge varies by jurisdiction. The prohibition of prolonged detention without charge, habeas corpus, was first introduced in England about a century after the 1215 Magna Carta; the use of habeas corpus ad subjiciendum in 1305 was cited by William Blackstone.
Under Article 8 of the Charter of Fundamental Rights and Basic Freedoms of the Czech Republic, which has the same legal standing as the Czech Constitution, a suspect must be immediately familiarised with the grounds of detention, must be interviewed and within 48 hours either released or charged and handed over to a court. The court then has a further 24 hours either to order a custody, or to release the person detained.
Detailed rules of detention are included in the Criminal Procedural Code. The police may arrest and detain a suspect after obtaining prosecutor's consent. In an urgent case the police may detain a suspect without the consent. In both cases, however, the police detention may take place only when grounds for pre-trial detention exist. The statutory limits of 48 + 24 hours must be complied with and reaching the time limit should aways trigger immediate release, unless a court has ordered pre-trial custody.
Anybody may detain a person, who was caught while perpetrating a crime (not a misdemeanor) or immediately after it, when capturing of the perpetrator is necessary to either ascertain the perpetrator's identity or to prevent the perpetrator from escaping or to secure evidence. The perpetrator must immediately be handed over to the police, or when that is not possible, detention of the perpetrator must be immediately reported to the police.
According to a reply of the Supreme People's Court, detention refers to the detention of a suspect or defendant in a specific place in accordance with the law, restricting or temporarily depriving them. Compulsory measures for personal freedom include arrest and detention. Criminal detention is when public security departments and prosecutor's offices deal with criminal cases, in which current criminals or major suspects are temporarily deprived of their personal freedom and detained in a statutory emergency situation.
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