Difference between Detention and Arrest?

Patrick

Well-Known Member
From what I understand, an arrest can only last up to 24 hours, beyond which you have to be released. However I have read news articles where suspects were detained for weeks, even months without trial or updates on their case. How is this possible, and how can we fight against detention if we are placed in such a situation?
 
That is a juridic question that I don't know the answer for, I think that's not even a police matter, as courts of law make that decision right?
 
I think that a detention is the time where you can be held without any formal charges being raised.
However, I think that the law was changed so that in cases of suspicion of terrorism you can be held indefinitely without charges and that's a scary situation to find yourself in...
 
I think that a detention is the time where you can be held without any formal charges being raised.
However, I think that the law was changed so that in cases of suspicion of terrorism you can be held indefinitely without charges and that's a scary situation to find yourself in...

Yes, that is a very intimidating scenario. How is it possible? In my opinion it is a flagrant violation of human rights. Is there any way a person in such a situation could get out of such unwarranted confinement?
 
I think under normal circumstances, they can not detain you for very long without making an arrest. So, if for instance you happened to be somewhere that a crime happened and were picked up, they can't hold you for long if they don't have what they need to make an arrest.
 
I think under normal circumstances, they can not detain you for very long without making an arrest. So, if for instance you happened to be somewhere that a crime happened and were picked up, they can't hold you for long if they don't have what they need to make an arrest.

I agree with your assessment. Detaining is used for questioning and they can only hold you for a certain length of time. An arrest is when they have some kind of evidence and can hold you longer.
 
Most times those types of stories that you read are true, but in most cases the people cannot afford a lawyer to help them out. Depending on the severity of the crime they can hold you and not arrest you and spend that time questioning you. It really is going to depend on what you were involved in and the case they are trying to build against you. The average citizen doesn't know enough about the workings of the legal system to be able to figure out what to do. That's where the lawyer comes in. They can be a pain, but that's why they are lawyers.
 
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