Custody as legal restraint of liberty: control or confinement that substantially curtails freedom and triggers procedural protections. Custody denotes control or restraint of a person's liberty in criminal investigation or law enforcement, encompassing physical detention, confinement or remand as well as legal or de facto power to restrict movement; the operative test is substantial curtailment of freedom rather than ownership, and custody may arise where restraints are sufficient to trigger remedies such as habeas corpus and related procedures.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Custody as legal restraint of liberty: control or confinement that substantially curtails freedom and triggers procedural protections.
Custody denotes control or restraint of a person's liberty in criminal investigation or law enforcement, encompassing physical detention, confinement or remand as well as legal or de facto power to restrict movement; the operative test is substantial curtailment of freedom rather than ownership, and custody may arise where restraints are sufficient to trigger remedies such as habeas corpus and related procedures.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.