Preventive Detention Procedure

In , there are times that a person (referred to as a suspect) may be detained under the control of the police/ criminal justice system not because he has been proved to have committed a crime but because of the perceived likelihood that he/she is a menace to the society. The general rule is that there should be nobody who is imprisoned without having been proved to have committed a certain crime or being aware of the reason which has led to his arrest.

However, there are times of public interest or for surveillance programs that this rule may be overlooked. When a person is arrested and detained in state custody without having committed an offense but as a deterrent of a perceived likelihood of offense commitment, then this is called Preventive detention (Stephen, 2009). This paper looks into the ; some reasons as to why this is done and the benefits of such a law in a countrys crime management policy.

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Preventive Detention Procedure

Different countries have different criminal justice system and there is one way of crime management in different countries. The same happens to preventive detention. The approach is different in various countries. However, following are the common characteristics of a preventive procedure;

  • The suspect is detained without being informed of the reason for his detention
  • At the prevention detention period investigations are undertaken by police and the detained cannot be represented by a lawyer
  • One has limited prisoners rights
  • Whatever the suspect says can be used against him in trial case
  • Formal crime procedure is limited to police investigations (Fagan & Guggenheim, 1996).

The following are the rights that a suspect is denied;

Right to Warrant of Arrest and Reason of Arrest

The detainee is denied the right to demand an arrest warrant from the arresting party. There are exemptions to this rule in cases of national/ jurisdiction warrant. After the offender is satisfied that the arresting officer is legitimized to undertake the arrest then he has the right to know why he has been arrested.

Right to Address One Testimony

In hearing (when still under detainee terms) a detainee does not have the right to speak on his behalf proving whether he committed the alleged crime or not. He is allowed to present documentary evidence to prove his case, however any information that he gives can be used against him in court. He has the right to keep quiet though.

Right to a Witness

The detainee has no right to have a witness who testifies in the case. The witness is only interrogated separately by the investigating team to ascertain whether the information he is giving in court is consistent and applicable in the particular case. Some witnesses are not admissible in court.

Right to Interrogate

A detainee has no right to interrogate any person who is witnessing in the case. This is mostly one who is witnessing against the offender. In case there is risk in such an interrogation, the prosecutor may grant a detainee this right.

Right to Fair Hearing and Appeal (This is Right after Detention Period)

An offender has the right to be tested and proven guilt in a formal court that administers the kind and level of crime that he has committed. During hearing all sides of the case should be listened to and decisions made according to the law of a county or precedent case applicable.

In cases where the offender feels that he has not been treated in the right way, he has the right to appeal. Appealing take a formal process prescribed by a countrys laws. It is restricted in terms of time of making one, the court that can hear it among other (Bolick, 1997).

These rights empower the offender in ensuring that he has been treated in the right way and given a chance to give his case out.

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