What is investigative detention ("days detention")?

Investigative detention is pre-indictment custody for the purposes of the investigation, which the court extends in fixed periods at the request of the police.

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The explanation

A detainee must be brought before a judge as soon as possible, and no later than 24 hours after arrest (48 hours only for an urgent investigative action). At the hearing the judge checks two things: reasonable suspicion of an offence, and a ground for detention: risk of obstruction, dangerousness, flight risk, or a special investigative need. Without either, there is no detention.

The numbers: the judge may extend by up to 15 days at a time, and in practice usually a few days. Investigative detention may not exceed 30 consecutive days without the approval of the Attorney General. If no indictment is filed within 75 days, the detainee is released unless a Supreme Court justice extends. When the investigation ends, the detainee is released, unless a prosecutor declares that an indictment is about to be filed (a "prosecutor's declaration", up to 5 more days).

At the hearing the defence lawyer sees the detention request with a summary of the facts, may cross-examine the police representative, and proposes an alternative. Classified material is seen only by the judge. A detainee without means is entitled to a public defender, and a minor is represented in every case.

What a lawyer does: reaches the station before the duty officer decides, meets the detainee, prepares an alternative to detention (an address, guarantors, documents), cross-examines the police representative at the hearing, and appeals the decision if necessary.

Source in law: Criminal Procedure (Enforcement Powers – Arrests) Law, 5756-1996, sections 15, 17, 29 and 30

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