Detention Order Research Articles

Community Integrated Care Team- Detention Order Outcomes And Indications

Abstract Background Detention orders are the inherent jurisdiction of the high court. Only mechanism to support treatment in those lacking capacity and refusing care. Considered a last resort. Integrated care for older persons teams (ICPOP) often engage with complex cases who require this intervention. I aim to review detention orders enacted on ICPOP patients within 1 year. Methods Retrospective review of notes on all patients who required a detention order for transfer of care from March 2023- March 2024. Assessing on review patient’s primary diagnosis, expressed wishes, interventions implemented by the ICPOP team to avoid detention and then reasons for detention order and finally patient outcome. Results 7 patients. 6 female. Every patient expressed a wish to remain in their home. All 7 patients had dementia. Implemented interventions included, Medical social work, home care packages, Memory resource and technology room referrals, meals on wheels plus family support groups, and legal supports, ward of court and decision-making representatives. Interventions where however unsuccessful and reasons for detention ranged from- Night-time wandering x3. Road safety concerns x 3. Family neglect and abuse x 3. Fire safety x1 and Accidental poisoning/malnutrition x1 and Alcohol excess x2. All bar one patient settled without need for medication or specialist unit when transferred to nursing home. Conclusion Outcomes were positive in all cases of detention order being implemented. All 7 patients received better care and avoided serious risk to health. The one patient who required significant intervention to maintain transfer was a behavioural fronto-temporal dementia who required a locked unit and psychotropics. In all cases family supported the decision and patient quality of life improved. Where autonomy and liberty remain paramount concerns for all individuals this review confirms that in some cases doctors must act in the best interests of their patients even if this act is against their wishes.

“Defendendo a paz social”: entre a naturalização e o racismo em decisões de decretação de prisão preventiva.

This study aimed to analyze the arguments mobilized by judges to justify the issuance of preventive detention orders and to observe the existence of a relationship between these arguments and class and race factors. The methodology used was the documentary analysis of interlocutory decisions converting flagrant arrests into preventive detentions, referring to charges of theft and robbery that occurred between 2015 and 2018 in the metropolitan region of Salvador, Brazil. A total of 322 interlocutory decisions to decree preventive detention were analyzed, retrieved from the case files of Salvador Prison/BA, a unit for temporary detainees. At the end of the research, it was concluded that, among the justifications in force in Article 312 of the Code of Criminal Procedure, 100% of the decisions analyzed were based on the category of guaranteeing public order, understood as social harmony offended by the dangerousness of the prisoner. This dangerousness is expressed by the concepts of criminal recidivism and modus operandi. It was also concluded that these arguments reproduce class and race stereotypes, since they use mechanisms to naturalize the group most affected by the net of the criminal justice system (young black men), depriving them of the enjoyment of citizenship and protection of fundamental rights.

Returning to the Wild West: Jewish Violence, Social Reaction, Self-Help and Social Control

AbstractIn recent years, the issue of Jewish settler violence in Israel and its territories has garnered increasing attention. The claimed motivations for such violence are that it is a response to Palestinian-Arab violence and perceived government inaction, as well as perceived selectivity in the formal response toward violence perpetrated by these two populations. These claims point to Jewish settler violence as being a crime as a form of social reaction, self-help and social control. We test this hypothesis by combining and analysing data from the Israel Security Agency, the Palestinian Authority, the United Nations and open sources for the period of 2009–2022 (n = 168 months) using a series of generalized negative-binomial models and Newey–West ordinary least squares models. We find that Jewish settler violence increases as serious Arab violence increases and decreases when formal responses toward Arab violence are higher. We also find iatrogenic effects for harsh measures targeting Jewish violence, namely administrative detention orders. The results imply that to reduce collective violence, it is necessary to take a more consistent and balanced approach in formal responses against opposing groups.

The violation of the right to legal representation in detention orders during investigation

The violation of the right to legal representation in detention orders during investigation

Enforcement of Preventive Detention Law in Manipur

The preventive detention laws have been invoked and used vigorously to detain members of outlawed organizations in the insurgency affected state of Manipur for the last many years. It is well settled that the detention of a person under the preventive detention laws is not to punish him for something he has done but to prevent him from doing it. Since the detention is made on the basis of subjective satisfaction of executive, the preventive detention laws are being extensively abused and misused, especially in the NE state of Manipur. In the catena of cases decided by the constitutional courts of India held that if the detaining authority is aware of the fact that the detenu is in custody and the detaining authority is reasonably satisfied with cogent materials that there is likelihood of his release and in view of his antecedent activities he must be again detained so as to prevent him from indulging in such prejudicial activities, the detention order can validly be made. It is pertinent that the order of detention of a person shall, obviously deprive of his cherished rights and freedoms; henceforth, the laws pertaining to preventive detention need to be meticulously invoked and followed substantively and procedurally by the concerned authority. The paper also examines the recent trends of the High Court of Manipur in issuing the writ of habeas corpus against the misuse of preventive detention laws by executive authorities in the state of Manipur.

The legal status of Palestinian prisoners in occupation prisons and the guarantees of their international protection

The daily arrests carried out by the Israeli occupation forces against the Palestinians constitute a blatant violation of the rules of Universal Declaration of Human Rights. Arrests became a daily phenomenon and collective punishment for the Palestinian people, as the occupation authorities failed to respect guarantees of protection for the civilian population and did not adhere to the rules regulating the rights and conditions of detainees. These guarantees and rules are affirmed by international humanitarian law, and obligate states to fulfill their obligations in dealing with prisoners and detainees in their custody, and to preserve their rights and human dignity to receive the necessary health care and adequate food. Moreover, to allow their families to visit and communicate permanently with them, to prevent torture and ill-treatment and not to subject them to arbitrary detention, as well as prohibiting the absolute use of administrative detention orders as required by the provisions of the 3rd. and 4th. Geneva Conventions of 1949.

Neither an offender nor a ‘free’ person: Drug supervision and desistance in Singapore

AbstractIn 2019, the Misuse of Dugs Act, the main legislative instrument in combatting drug offences in Singapore, underwent a landmark amendment where it strove to strike a balance between subjecting persistent drug offenders to long‐term imprisonment and enhancing the reintegration potential of those offenders whom the state considered as ‘pure abusers’ without a penal charge. While this risk‐differentiated approach could be seen as progressive and moving away from the harsh response that has had traditionally characterised the Singapore state's treatment of persistent drug abusers, this article contends that extending the maximum period of drug supervision from two to 5 years, which the amendments called for, of even pure abusers upon their completion of the detention order, hinder efforts at desistance. This article focuses specifically on the contradictions of the urine testing regime post‐release and seeks to contextualise its counter effects on the various dimensions of desistance among recovering drug abusers.

EXAMINING THE DIFFERENCES BETWEEN IRAN'S CRIMINAL LAWS AND INTERNATIONAL DOCUMENTS ON TEMPORARY DETENTION ORDERS

Temporary detention, which is also interpreted as preventive detention in criminal law, means depriving the defendant of his freedom and imprisoning him during all or part of the preliminary investigation by the judicial authority by issuing a temporary detention order, although this order is considered by some lawyers and Human rights defenders have been widely criticized, but on the other hand, some lawyers emphasize it because it is one of the guarantees of criminal policy in suppressing the criminal phenomenon. Arresting the accused, which is also interpreted as preventive detention in Iranian criminal law, means depriving the accused of his freedom and imprisoning him during all or part of the preliminary investigation, which may continue until the issuance of a final verdict or its execution, and the purpose of It is ensuring access to the accused, his timely presence in the judicial authority, preventing his escape or concealment, or erasing the traces of the crime and collusion with possible accomplices and deputies of the crime. Therefore, due to the growing importance of human rights at the national and international level, and on the other hand due to the inherent conflict between arresting a person and the principle of acquittal, which respects the rights and freedoms of the accused is one of the obvious effects of this principle, an effort has been made in this article, considering that Many provisions of the international and regional declarations of human rights have standards related to the principles of criminal procedure, including the protection of the rights of the accused and the limitation of temporary detention. It is hoped that in order to optimize the rules of the criminal procedure, it will be compared and matched with the above principles.

Telehealth Suicide Assessment and The Emergency Order of Detention (EOD) Process: A Systematic Review

Background: Emergency orders of detention (EOD) are used to hold potential suicidal individuals against their will. The COVID-19 pandemic altered the way these evaluations are conducted as virtual telehealth conferences became more frequently utilized. The purpose of this review is to identify screening practices of telehealth providers, describe assessment discrepancies used in telehealth versus in-person visits, and identify variance in EOD hospital admission rates. Methods: A systematic review of literature was conducted utilizing the PRISMA model. Five electronic databases were searched for articles related to suicide, EOD, and telehealth spanning from 2001 to 2021. Of the eight (n=8) articles returned by the search, three (n=3) met inclusion criteria. Results: Findings of this review reveal that there is virtually no research on standardized suicide screening tools used to make EOD determinations. Additionally, the research does not comment on discrepancies between suicide evaluations via telehealth or in-person. Research on telehealth evaluation and involuntary hospitalization rates is limited. Discussion: Little is described in the current research about the types of assessment tools used in the EOD process when conducted via telehealth. Overall, this review found that protecting citizens by telehealth EOD is noticeably under-researched.

New Virginia task force announced to address TDO in MH crisis

Virginia Gov. Glenn Youngkin announced on Dec. 12 a major initiative, the Prompt Placement Temporary Detention Order (TDO) task force, ABC8 News reported. The task force is expected to bring together “government agencies, public and private hospitals, law enforcement, and other community partners to address the crisis facing people with TDOs who are waiting for behavioral health services,” according to a news release. “Virginia's current TDO process is bad for patients, care providers, families and law enforcement who wait with these patients for a placement,” said Virginia Secretary of Health and Human Resources John Littel in a release. “This task force is a key step in improving the behavioral health system across the Commonwealth [of Virginia].” The task force initiation comes after a year in which five of Virginia's eight mental health facilities shut their doors to new patients amid a staffing crisis that created dangerous conditions for workers. The facilities halted admissions in late July 2021 after 63 patients and employees were injured at the state's mental hospitals within just one month. TDO patients are often in a crisis and unable to receive care due to a lack of resources and barriers in the process, a spokesperson for the governor's office said. The goals of the TDO task force include: “Ending the TDO waitlist, finding rapid placements for individuals under a TDO, releasing police officers from spending significant hours away from patrolling the streets, ensuring the safety of all parties and setting the stage for lasting systematic change to the way Virginia processes TDOs,” said Youngkin.

PENERAPAN SISTEM PERADILAN PIDANA ANAK DALAM KAITAN DENGAN HAK-HAK ASASI ANAK ( STUDI DI PENGADILAN NEGERI KISARAN)

The Juvenile Criminal Justice System is the entire process of Settlement of Child Cases in conflict with the law, starting from the investigation stage to the mentoring stage after the child undergoes the criminal law process. Implementation of Criminal Sanctions for Actions Against Children According to Law No. 11 of 2012 concerning the Juvenile Criminal Justice System, is an "emergency door" for children when the child commits a criminal act on the condition that the child is 14 (fourteen years old) or more and is suspected of committing a crime. a criminal offense punishable by imprisonment of 7 (seven) years or more, and the terms of detention must be stated explicitly in a detention order as regulated in articles 32 (2) and (3) according to the law mentioned above. As long as the child does not commit a crime as regulated in Article 32 (2) and (3), the settlement of a child criminal case must be resolved by means of a. Restorative Justice, namely the settlement of criminal cases by involving the perpetrator, victim, family of the perpetrator/victim and other related parties to jointly seek a fair solution by emphasizing restoration back to its original state, and not retaliation, or by means of b. Diversion namely the transfer of the settlement of children's cases from the criminal justice process to the process outside the criminal justice system as regulated in Chapter I Article 1 paragraph (6) and (7). This is intended to provide special protection for children by providing the best for the interests of children, which is an implementation of children's human rights. And in an effort to provide the best protection for children as well as to equalize the vision and perception between institutions that are competent in upholding children's rights, namely the Courts, Prosecutors, Police and Correctional Institutions, the Government issued Presidential Regulation Number 175 of 2014 concerning Integrated Education and Training for Law Enforcement and Related Parties Regarding the Juvenile Criminal Justice System.

Infrastructures of Care for Public Housing Residents During COVID-19 Detention: Failures, Glitches and Possibilities to Care With

ABSTRACT The COVID-19 pandemic has exacerbated challenges to infrastructures of care. This study explores failures in governance, material and communication infrastructures for public housing residents during a detention order in response to a COVID-19 outbreak in Melbourne, Australia. We illustrate these failures through analysis of selected publicly available sources. Failures presented glitches in the capacity for community infrastructures of care to continue to function and emerge during the detention. Findings highlight that future pandemic planning and public housing policy needs to attentively listen to affected communities and engage with trusted community infrastructures of care, providing care that sustains our future cities.

Trends of criminal law policy in the field of combating criminal offenses committed with the use of violence

In the article, the author pays attention to the study of the main trends of the legislation of the European Union regarding the prevention of crimes that begin with the use of violence, and their implementation in domestic legislation. It has been established that usually such actions take place in the context of counteracting those actions that are at the center of the EU’s criminal law policy and are constantly cited in numerous directives and regulations. The «serious crime» group includes criminal offenses in which the upper limit of punishment is at least 3 years of custodial sentence or detention order. The main direction of Ukraine’s criminal law policy in the nearest future is the implementation of EU legislation, including regarding acts committed with the use of violence.

Immigration detention as a routine police measure: Discretionary powers in preemptive detention of noncitizens in Finland

AbstractThis article discusses how administrative practices shape immigration detention policies, addressing both administrative discretion in detention orders and their judicial supervision. Due to vaguely formulated legal criteria and ineffective ex-post judicial supervision, the authorities have considerable discretionary powers in ordering detentions for noncompliant and criminalized noncitizens. Instead of being a measure of last resort, immigration detention is used in a routine manner, with little individual assessment, for the enforcement of removals and the prevention of irregular migration, as well as extensively for crime prevention. The findings demonstrate the role of the police as the main actor in the detention system in Finland, with significant implications for the formation of detention policies.

Minister for Home Affairs v Benbrika and the Capacity of Chapter III of the Commonwealth Constitution to Protect Prisoners' Rights

Protect Prisoners’ Rights Author Andrew Dyer In recent cases in which prisoners have used Chapter III of the Commonwealth Constitution to challenge draconian legislation, the High Court of Australia (‘HCA’) has deployed formalistic reasoning when rejecting their claims. The latest such case was Minister for Home Affairs v Benbrika (‘Benbrika’), where a majority upheld the continuing detention order scheme created by Division 105A of the Criminal Code Act 1995 (Cth), essentially on the basis that imprisonment is not necessarily punishment. Judges should never use such reasoning to avoid striking down laws that breach Chapter III. When they do so, they fail properly to hold power to account. However, the result in Benbrika seems largely justified. Judges are rightly cautious about using Chapter III to strike down punitive laws; and, as Edelman J showed, the Court in Benbrika could exercise restraint without resorting to formalistic evasion. His Honour correctly acknowledged that the HCA has only a limited ability to protect unpopular minorities.

The Whole Is Greater than the Sum of the Parts: A Multilayer Approach on Criminal Networks

Traditional social network analysis can be generalized to model some networked systems by multilayer structures where the individual nodes develop relationships in multiple layers. A multilayer network is called multiplex if each layer shares at least one node with some other layer. In this paper, we built a unique criminal multiplex network from the pre-trial detention order by the Preliminary Investigation Judge of the Court of Messina (Sicily) issued at the end of the Montagna anti-mafia operation in 2007. Montagna focused on two families who infiltrated several economic activities through a cartel of entrepreneurs close to the Sicilian Mafia. Our network possesses three layers which share 20 nodes. The first captures meetings between suspected criminals, the second records phone calls and the third detects crimes committed by pairs of individuals. We used measures from multilayer network analysis to characterize the actors in the network based on their local edges and their relevance to each specific layer. Then, we used measures of layer similarity to study the relationships between different layers. By studying the actor connectivity and the layer correlation, we demonstrated that a complete picture of the structure and the activities of a criminal organization can be obtained only considering the three layers as a whole multilayer network and not as single-layer networks. Specifically, we showed the usefulness of the multilayer approach by bringing out the importance of actors that does not emerge by studying the three layers separately.

Problems of Practical Implementation of the Procedure of Special Pre-Trial Investigation (in Absentia) in Ukraine

The article reveals the development and functioning of the institute of special pre-trial investigation in Ukraine. The genesis of the origin and implementation of a special pre-trial investigation in the current Criminal Procedure Code is determined. The changes from April 21, 2021 to the Criminal Procedure Code of Ukraine are analyzed in order to improve the functioning of this institution in terms of grounds for execution, delivery of subpoenas, obtaining a permit for detention in absentia, etc. The aspect of delivery of subpoenas is considered, which is related to the difficulty of proving the fact of receiving subpoenas by person and the practice of the ECHR and international conventions, which partially contradict the existing procedure. The decisions of the European Court of Human Rights are described, which indicate a violation of the person’s right to defense in connection with the implementation of a special pre-trial investigation. Negative aspects of the experience regarding the interaction of investigative units with the Interpol NCB have been identified, as well as the reasons for the latter’s refusal to include persons in the Interpol NCB databases and to declare persons internationally wanted. The unresolved issues with the subject and the moment of appointment of a defense counsel during the special pre-trial investigation procedure are described, which causes difficulties and contradictory decisions of national courts in this regard. The existing issues concerning the inconsistency of legal acts, which indicate the grounds for a special pre-trial investigation and the need to determine these grounds only in the Criminal Procedure Code of Ukraine. The need to enshrine the legal obligation of the investigator or prosecutor to reopen criminal proceedings at the time of consideration of a request for a special pre-trial investigation in order to avoid the return of these requests by the investigating judge has been revealed. The positive changes in the aspect of obtaining an indefinite detention order in respect of persons subject to a special pre-trial investigation have been analyzed, which will simplify international legal assistance regarding their extradition.

Submission of Copy of Determination Order Regarding The Provisional Discontinuation of Civil Servants

Law Number 5 of 2014 concerning State Civil Apparatus stipulates that Civil Servants (PNS) who are detained because they are designated as criminal suspects are temporarily dismissed as PNS, but Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) only requires that a copy of the warrant for further detention or detention or a judge's decision be given to the family of the suspect. This study aims to determine and explain the impact of the absence of provisions in the Criminal Procedure Code regarding copies of detention orders to the Civil Service Supervisory Officer on the temporary dismissal of Civil Servants who are detained because they are designated as suspects. The approach method used in this research is normative juridical. The results of this study indicate that the absence of provisions in the Criminal Procedure Code regarding copies of detention warrants to Civil Service Supervisors related to Civil Servants who are detained because they are designated as suspects causes the issuance of Temporary Dismissal Decrees is often late.

The police competence to ensure the rights and freedoms of citizens in modern society

The aim of the study is to form a systematic approach to understanding and resolving a set of tasks of police activities that guarantee the rights and freedoms of citizens in modern society. It was concluded that the most typical negligence in this area includes violations of the rights and freedoms of citizens such as the installation of administrative actions against them without any sign of the crime, incorrect characterization of administrative infractions, the violation of the procedural order of administrative detention, cases of unjustified detention without preparation of reports, as well as exceeding the legal deadlines for administrative detention. Particular attention was paid to the set of means of appeal in proceedings concerning administrative offences, which may be referred to as the institution of the protection of citizens' rights and freedoms. Common European approaches to the legal regulation of policing and the influence of European Union law and decisions of the European Court of Human Rights on the guarantee of human rights and freedoms in policing were analyzed.

The Ontario Forensic Mental Health System: A Population-based Review.

The purpose of this study was to increase the understanding of the Canadian forensic psychiatry system by providing a population-based overview of the Ontario forensic mental health system. Data were collected on 1,240 accused adults who were subject to the jurisdiction of the Ontario Review Board (ORB) between 2014 and 2015. Archival data were retrieved from annual ORB hearing hospital reports for accused supervised by all nine adult forensic psychiatry facilities across Ontario. The sample included not criminally responsible (NCR; 91.6%) and unfit to stand trial (UST; 8.4%) accused. The majority of the sample was male (85.7%), single (70.1%), unemployed (63.6%), with a high school education (48.8%). Most were on a detention order (78.5%) and almost half were living in the community at the time of the report (48.8%). The majority had prior contact with psychiatric services (83.1%) and/or the criminal justice system (70.6%) before entering the forensic system. A history of elopement (31.5%) and inpatient aggression was high (60.6%). Most had a psychotic spectrum disorder (81.6%) and over half had a substance use disorder (57.2%) in the reporting year. A range of index offences was observed (69.9% violent, 20.3% general, 9.8% sexual), and the majority of the sample (61.0%) had an index offence that resulted in no injury or a minor injury to the victim. The Canadian forensic psychiatry system is comprised of a unique subset of justice-involved individuals. This study provides a detailed examination of accused who are subject to the jurisdiction of the ORB and provides key insight into risk factors associated with offending behaviour in this population. The results of this study will provide a framework for future studies examining the association between mental disorder and violence and the treatment trajectories for those in the forensic psychiatry system.