Legal Definitions - preventive detention

Preventive detention refers to the practice of holding an individual in custody *before* they have been convicted of a crime. Unlike detention after conviction, which serves as punishment, the primary purpose of preventive detention is to *prevent* the individual from committing future offenses, posing a danger to the community, or obstructing justice. This measure is typically employed in specific, often exceptional, circumstances where there is a strong belief that releasing the individual would pose an unacceptable risk to public safety or the integrity of the justice system.

Here are some examples illustrating preventive detention:

• National Security Threat: Imagine a situation where intelligence agencies gather credible evidence that an individual is actively planning a major terrorist attack. Even if the individual has not yet committed the attack or been formally charged, authorities might seek a court order for their preventive detention. The purpose here is not to punish them for a past crime, but to immediately remove their ability to carry out the planned attack and protect the public from imminent harm.

• Dangerous Individuals Post-Sentence: Consider a person with a documented history of severe violent offenses who has completed their full prison sentence. If, based on extensive psychological evaluations and a court hearing, it is determined that this individual still poses an extremely high and imminent risk of committing further violent crimes if released, some jurisdictions allow for their continued detention in a secure facility. This detention is not a new punishment for past crimes, but a civil commitment aimed at preventing future harm to the community.

• Obstruction of Justice/Witness Tampering: Suppose a defendant in a high-profile criminal case is out on bail awaiting trial. Prosecutors present compelling evidence to the judge that the defendant has been repeatedly threatening key witnesses, attempting to intimidate them into not testifying. In such a scenario, the judge might revoke the defendant's bail and order their preventive detention. The detention's goal is to stop the defendant from continuing to obstruct justice and tamper with witnesses, thereby ensuring a fair trial and protecting those involved.