Protective custody is a legal term used to describe a detention process involving the separation of individuals who may be in physical danger. This protection could be either from outsiders or from other inmates within a correctional facility. Protective custody may be imposed as a judicial measure, or the person may request it for their own safety.
Judicial Protective Custody Examples
Judicial protective custody often takes place during criminal justice proceedings or those involving the juvenile justice system. This type of custody is usually intended to protect vulnerable people, such as victims of domestic violence, witnesses of a crime, and juveniles who may be labeled as delinquent. Judicial protective custody requires a court order and may be either for a set period of time or indefinite.
Protective Custody in Prisons
In a prison setting, protective custody is sometimes used for inmates who are more vulnerable to attack than others, such as those involved in a gang. It may also be used for people who are placed in a correctional facility for minor offenses but are at risk of mistreatment due to their age, size or disability. Protective custody can also be used for persons who might be discriminated against due to their political beliefs or beliefs.
What Other Forms of Protection May Be Provided?
Protective custody may extend beyond a traditional detention setting. In some cases, the individual may be placed in a residential setting with security staff. Separation from inmates in the prison population may also be provided to extend the level of protection. In extreme cases, protective custody may require surveillance, such as in a courthouse or police station.