Detention (confinement) in the context of "Pretrial detention"

Arbitrary arrest and detention is the arrest and detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law or order. Arbitrary arrest and detention is similar to but legally distinct from wrongful detention, which is broader in scope and does not involve arrest.

False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority, justification, or the restrained person's permission.

Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts, or upon wrongful governmental detention.

Wrongful detention is the detention of an individual where there is no likelihood or evidence that they have committed a crime against a legal statute, or in which there has been no proper due process of law. A person does not need to be arrested in order to be wrongfully detained. Persons can be arbitrarily or wrongfully detained if they are not allowed to leave a specific jurisdiction (a type of travel ban known as an exit ban) or if they are prevented from traveling to or from a specific area or region.

Pre-trial detention, also known as jail, preventive detention, provisional detention, or remand, is the process of detaining a person until their trial after they have been arrested and charged with an offence. A person who is on remand is held in a jail, prison or detention centre or held under house arrest. Varying terminology is used, especially from country to country; the term "remand" is generally used in common law jurisdictions and "preventive detention" elsewhere. In the United States, "remand" is rare except in official documents, and "jail" is the most commonly used term. Detention before charge is commonly referred to as custody and continued detention after conviction is referred to as imprisonment.

Because imprisonment without trial is contrary to the presumption of innocence, pre-trial detention in liberal democracies is usually subject to safeguards and restrictions. Typically, a suspect will be remanded only if it is likely that they could commit a serious crime, interfere with the investigation, or fail to come to the trial. In the majority of court cases, the suspect will not be in detention while awaiting trial, often with restrictions such as bail.