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 A question about Protective Custody.

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Summercorn
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PostSubject: A question about Protective Custody.   Mon May 13, 2013 6:18 am

I've often wondered about this. It's called custody, but you can be taken into custody without being charged and without charge you, presumably, wouldn't be under arrest.

What if the person doesn't wish to be taken into protective custody? Is a warrant issued for protective custody? If so, would that person then be put under arrest and read their rights? If so, there would be a set time after arrest when the person would have to be released or charged, wouldn't there?

I've read the Wikipedia page on protective custody, but it doesn't make clear what the legal status of the protectee really is.

Does anyone know this? What about military custody, does that differ?

Thanks.
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Penguin
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PostSubject: Re: A question about Protective Custody.   Mon May 13, 2013 9:45 pm

It's going to depend a lot on the circumstance, country/state/province/jurisdiction.
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PostSubject: Re: A question about Protective Custody.   Tue May 14, 2013 12:07 am

I think protective custody is normally a service you request? If we're talking about an adult, it's hard to imagine it would be forced on them against their will (barring exceptional circumstances).

In the case of child abuse it's more likely, in that case the decision can be taken by the police or another agency. [You must be registered and logged in to see this link.]
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Summercorn
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PostSubject: Re: A question about Protective Custody.   Tue May 14, 2013 4:49 am

Thank you, spork, that's very helpful.

The scenario I'm thinking of would be of someone who is in imminent danger. The police arrive to take that person to safety, but the person doesn't believe in the threat and/or has a difficult relationship with the police. There is no time to persuade the person that their life is in danger and, if the police remain at the person's house, they too could be in danger.

Would it be possible for the police to arrest that person into protective custody? If a warrant had been issued for protective custody, is that legal?
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PostSubject: Re: A question about Protective Custody.   Tue May 14, 2013 2:34 pm

Well, as Penguin said it depends on the country of course, but I'm pretty sure is not legal in any western country for the police to take you into protective custody if you really want to refuse it in spite of being in mortal danger.

Then again, it's not unlikely that the secret service would ignore legality issues if we're talking about a spy with top secret information or something like that.
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Summercorn
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PostSubject: Re: A question about Protective Custody.   Wed May 15, 2013 7:31 am

Mmnn, good point. I'll research a bit more on the subject of warrants. Maybe that'll give me some clearer knowledge.

Thanks for your help.
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