A protective measure applied instead of detention, leaving the person free under obligations such as reporting, travel bans or security.
All termsJudicial control leaves a person free under specified obligations where grounds for detention exist, instead of detaining them. Travel bans, periodic reporting to sign in, house arrest, electronic tagging and the deposit of security are the principal obligations listed by statute.
Designed as the proportionate alternative to detention, it obliges the judge, before ordering detention, to consider whether judicial control would suffice. The measure is bound by statutory maximum durations and periodic review, and its obligations may be modified or lifted at any time.
Non-compliance carries the risk of conversion into detention, which the judge may order upon violation. Lapses such as missing a reporting date should therefore not be taken lightly. That time spent under house arrest is credited against the eventual sentence is an important safeguard recognised in practice.
The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.