Arbitrary Detention

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.