detained

Detained is the condition of being kept in custody by police or other authorities. It denotes that a person is not free to leave and may be held for purposes such as investigation, identification, or security. The term is used in various legal contexts, and its precise meaning and limits can vary by jurisdiction and situation. In some systems detention should occur within the framework of due process, and it may be distinct from formal arrest or subsequent charging.

Legal framework and rights. In many jurisdictions, police may detain a person for a limited period without charging them, to gather information or verify identity. Time limits are set by law and are subject to judicial oversight. Detainees generally have rights, including being informed of the reasons for detention, access to legal counsel, the right to communicate with family, and humane treatment. They typically have the right to challenge the detention through judicial review or habeas corpus. Prolonged or arbitrary detention is restricted by national constitutions and international human rights standards.

Types of detention. Criminal detention includes temporary custody during an investigation or while awaiting charges. Pre-trial detention occurs after an arrest but before a trial. Administrative detention is used in some contexts for security or immigration reasons and may occur without criminal charges. Preventive detention aims to prevent perceived future harm and is often controversial due to concerns about due process and proportionality.

International perspective and safeguards. International human rights instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, prohibit arbitrary detention and require mechanisms for timely judicial review, lawful justification, and humane treatment. Independent oversight bodies and courts commonly provide remedies for wrongful or excessive detention, with release or acquittal as possible outcomes.