Arbitrary Detention
- A case whereby a person is deprived of their liberty without legal basis, justification, or due process of law. Arbitrary detention is considered a violation of fundamental human rights that guarantees the right to liberty and security of individuals.
- Some forms of arbitrary detention are –
- Detention without a warrant or legal basis
- Detention based on discrimination or prejudice
- Detention that violates fundamental principles of due process and fair trial
Extract from Legal Studies Stage 6 Syllabus. © 2009 Board of Studies NSW.