Constitutionality Use of Arrest Powers at the Pre-Charge Stage in Jordanian Criminal Procedure: Critical Analysis

Sadam Abu Azam 1, and Odai Turki Abed Alfattah Elfawair 2

https://doi.org/10.62271/pjc.16.4.977.988

Abstract

Only in exceptional circumstances should one use a detention decision, as it is a serious matter. Authorized bodies such as the primary investigation authority and the relevant court issue detention decisions. While there are justifications for detaining someone, it does restrict the defendant’s freedom and goes against the presumption of innocence. This study examined the purposes and justifications for detention, along with how the Jordanian Code of Criminal Procedure handles it. The study discovered specific reasons and justifications for detention, despite it being a temporary restriction on the freedom of an accused person without proven guilt. The Jordanian legislator outlines these in Article (114) of the Code. The study also found no conflict between detention and the presumption of innocence. The presumption of innocence is a principle of proof, meaning the burden of proving guilt lies with the prosecution. It doesn’t guarantee that a detained person is innocent.

Keywords:    Arrest powers, detention, pre-charge stage, criminal procedure system, Jordan.