Legal Definitions - preventive custody

Preventive custody refers to the legal detention of an individual not as a punishment for a crime they have been convicted of, but rather to prevent them from committing future offenses, interfering with legal proceedings, or fleeing justice. It is a measure taken before a trial or conviction, based on a determination that the person poses a significant risk to public safety, national security, or the integrity of the judicial process.

• Example 1: Pre-trial Detention for Public Safety

  A person is arrested and charged with a serious violent felony, such as aggravated assault, after allegedly attacking multiple individuals without provocation. During the bail hearing, the prosecutor presents evidence suggesting the accused has a history of violent behavior and poses an immediate threat to the community if released. The judge, agreeing with this assessment, orders the individual to be held without bail until their trial.

  This illustrates preventive custody because the individual is being detained not as a punishment for the alleged assaults (as they have not yet been convicted), but specifically to prevent them from potentially committing further violent acts while awaiting their court date.

• Example 2: National Security Detention

  Following intelligence reports of an imminent threat, government authorities detain an individual suspected of actively planning a large-scale cyberattack against critical national infrastructure. This detention occurs under specific national security legislation that allows for holding individuals deemed a significant threat to national security, even before formal charges related to an actual attack can be fully prepared or proven in court.

  Here, the individual is held in preventive custody to avert a potential future act of terrorism or sabotage, demonstrating the term's focus on preventing anticipated harm rather than punishing past actions.

• Example 3: Involuntary Psychiatric Commitment

  A person experiencing a severe mental health crisis makes credible threats of harm to their family members and themselves. After an emergency evaluation by mental health professionals, a court issues an order for involuntary commitment to a psychiatric facility. The individual is held in the facility for observation, assessment, and treatment, even though they have not committed a crime.

  This demonstrates preventive custody in a non-criminal context. The detention is ordered to prevent the individual from causing harm to themselves or others due to their mental state, rather than as a consequence of a criminal act.