Detention - Law Dictionary Search Results
Home Dictionary Name: detentionarrest
arrest [Middle French arest, from arester to stop, seize, arrest, ultimately from Latin ad to, at + restare to stay] : the restraining and seizure of a person whether or not by physical force by someone acting under authority (as a police officer) in connection with a crime in such a manner that it is reasonable under the circumstances for the person to believe that he or she is not free to leave see also miranda warnings probable cause at cause, warrant compare stop cit·i·zen's arrest : an arrest made not by a law officer but by any citizen who derives the authority to arrest from the fact of being a citizen NOTE: Under common law, a citizen may make an arrest for any felony actually committed, or for a breach of the peace committed in his or her presence. civil arrest : the arrest and detention of a defendant in a civil suit until he or she posts bail or pays the judgment see also capias ad respondendum NOTE: Civil arrest is restricted or prohibited in most states. ...
Arrest
Arrest [fr. restae, Lat.; arrestare, It.; arrester, Fr., to bring one to stand], the restraining of the liberty of a man's person in order to compel obedience to the order of a Court of Justice, or to prevent the commission of a crime, or to ensure that a person charged or suspected of a crime may be forthcoming to answer it. Arrests are either in civil or (see APPREHENSION) criminal cases; civil arrests must be affected, in order to be legal, by virtue of a precept or writ issue out of some Court. The law of civil arrest (see MESNE PROCESS), so far as it still exists, is regulated by the Debtors Act, 1869 (see that title),which abolished imprisonment for debt except in special cases, as where a debtor has the means to pay his debt but refuses to do so, and s. 218 of the Companies Act, 1929, as to the power to arrest an absconding contributory in case of winding up by the Court. see also CONTEMPT OF COURT. The two great statues for securing the liberty of the subject against unlawful a...
Habeas corpus ad subjiciendum
Habeas corpus ad subjiciendum (that you have the body to answer). This, the most celebrated prerogative writ in the English law, is a remedy for a person deprived of his liberty. It is addressed to him who detains another in custody, and commands him to produce the body, with the day and cause of his caption and detention, and to do, submit to, and receive whatever the judge or Court shall consider in that behalf. The writ is applied for either by motion to a Court or application to a judge, supported by an affidavit of the facts. (See (English) Crown Office Rules, 1906, rr. 216-230.) If a probable ground be shown that the party is imprisoned without a cause and has a right to be delivered, this writ ought of right to be granted to every man committed or detained in prison or otherwise restrained, though by command of the sovereign, the Privy Council, or any other power. Therefore there is an absolute necessity of express-ing upon every commitment the reason for which it is made, that ...
habeas corpus
habeas corpus [Medieval Latin, literally, you should have the body (the opening words of the writ)] : any of several writs originating at common law that are issued to bring a party before the court ;esp : habeas corpus ad subjiciendum in this entry [the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it "U.S. Constitution art. I"] habeas corpus ad fa·ci·en·dum et re·ci·pi·en·dum [-ad-fa-sē-en-dəm-et-ri-si-pē-en-dəm, -fa-shē-en-; -Ä d-fÄ -kē-en-dm-et-rā-kē-pē-en-dm] [New Latin, literally, you should have the body for doing and receiving] : habeas corpus cum causa in this entry habeas corpus ad pro·se·quen·dum [-ad-prÄ -si-kwen-dəm, -Ä d-prō-sā-kwen-dm] [New Latin, literally, you should have the body for prosecuting] : a writ for removing a prisoner for trial i...
Such detention
Such detention, refers to preventive detention and not to any period for which such detention is to continue because the decision about the period of detention can only be taken by the detaining authority, State of West Bengal v. Ashok Dey, (1972) 1 SCC 199; Pooran Lal v. Union of India, 1958 SCR 460. [See Constitution of India, Art. 22(a)(4)]The expression 'such detention' in Article 22(4)(a) of the Constitution refers to preventive detention and not to an period for which such detention should continue and s. 11(1) of the Preventive Detention Act does not contravene the provision of Article 22(4) (a) of the Constitution, Puranlal Lakhanpal v. Union of India, AIR 1958 SC 163: (1958) SCR 460. See also State of West Bengal v. Ashok Dey, AIR 1972 SC 1660....
Preventive detention and punitive detention
Preventive detention and punitive detention, there is a vital distinction between these two kinds of detention. 'Punitive detention' is intended to inflict punishment on a person, who is found by the judicial process to have committed an offence, while 'preventive detention' is not by way of punishment at all, but it is intended to prevent a person from indulging in conduct injurious to the society. The power of preventive detention has been recognised as a necessary evil and is tolerated in a free society in the larger interest of security of the State and maintenance of public order. It is a drastic power to detain a person without trial and there are many countries where it is not allowed to be exercised except in times of war or aggression, Francis Coralie Mullin v. Adm UT of Delhi, AIR 1981 SC 746 (749): (1981) 1 SCC 608....
Preventive detention
Preventive detention. By the (English) Prevention of Crime Act, 1908 (8 Edw. 7, c. 59), s. 10, as amended by the (English) Indictments Act, 1915 (5 & 6 Geo. 5, c. 90), a person after three previous convictions after attaining sixteen years of age, can with the consent of the Director of Public Prosecutions, R. v. Waller, (1910) 1 KB 364, in certain cases be charged, R. v. Smith, (1910) 1 KB 17, with being an habitual criminal, and if the charge is established, he can, in addition to a punishment of penal servitude, receive a further sentence of not less than five years or more than ten years, called a sentence of preventive detention. During such detention the Secretary of State has power to let the person out on licence, if he is satisfied that there is a reasonable probability that he will abstain from crime and lead a useful an industrious life, or that he is no longer capable of engaging in crime. Unless the offender admits he is an habitual criminal the jury must determine whether...
Period of detention
Period of detention, undergone by the accused to be set off against the sentence of imprisonment. Code of Criminal Procedure, 1973 (2 of 1974), s. 265-9. See also Criminal Law (Amendment) Act, 2005 (2 of 2006), s. 4.The expression 'period of detention' in s. 428, Criminal Procedure Code, 1973 does not include the detention under preventive detention laws such as the Preventive Detention Act or MISA. Champalal Poonjaji Shah v. State of Maharashtra, AIR 1982 SC 791: (1982) 1 SCC 507: (1982) 3 SCR 61....
Punitive detention
Punitive detention, is intended to inflict punish-ment or a person who is found by the judicial process to have committed an offence while preventive detention is not by way of punishment at all, but is intended to pre-empt a person from indulging in conduct injurious to the society, Francis Coraise Mullin v. Administration of Delhi, AIR 1981 SC 746: (1981) Cr LJ 306.Means when a person as a result of conviction for some offence or where he is under preventive detention because of an order of detention having been made under the defence of India Rules or the Preventive Detention Act, Harkishan Singh v. State of Punjab, AIR 1996 Punj 248....
Arrest of judgment
Arrest of judgment, Formerly an unsuccessful defendant might move that the judgment for the plaintiff be arrested or withheld, notwithstanding a verdict given, on the ground that there was some substantial error appearing on the face of the record which vitiated the proceedings. (See now R.S.C. Ords. XXVII. And XXXIX.) Judgment may be arrested for good cause in criminal cases, if the indictment be insufficient. See Archbold's Criminal Pleading.Means the staying of judgment after its entry, especially, a court's refusal to render or enforce a judgment because of a defect apparent from the record. At Common Law, courts have the power to arrest judgment for intrinsic causes appearing on the record, as when the verdict differs materially from the pleading or when the case alleged in the pleadings is legally insufficient. Today, that type of defect must typically be objected to before trial or before judgment is entered, so that the motion in arrest of judgment has been largely superseded, ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial