Constitutional Law
Preventive Detention
Detention of a person by the state to prevent them from committing a future offence, without the ordinary criminal trial process, subject to specific constitutional safeguards.
Because preventive detention allows confinement without a formal trial, the Constitution builds in specific safeguards — such as a maximum initial detention period and review by an advisory board — to guard against its misuse.
A person subjected to preventive detention can challenge the order, including through a habeas corpus petition, if these safeguards weren't properly followed.
Need a Constitutional lawyer?
Browse Constitutional Lawyers