Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 25 August 2019

Abstract and Keywords

This chapter examines issues surrounding the pretrial and civil detention of “dangerous” individuals in common law jurisdictions. It first provides an overview of justifications for pretrial and civil detention schemes governing “dangerous” individuals as well as “pre-crime,” “pre-trial,” “post-crime,” and “post-sentence” schemes including risk assessment. In particular, it considers the pre-charge detention of suspected terrorists, civil detention of those with severe mental health problems and/or intellectual disabilities, remand and bail, unfitness to plead, and indefinite detention of recidivist offenders and of those found not guilty by reason of mental impairment. The chapter concludes with an analysis of criticisms of pretrial and civil detention schemes based on the grounds of human rights, due process, and the principle of proportionality.

Keywords: pretrial detention, civil detention, dangerous individuals, common law jurisdictions, risk assessment, suspected terrorists, remand, human rights, due process, principle of proportionality

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.