Lexipedia

Detention review

Judicial examination of whether pre-trial detention remains lawful, necessary and proportionate, including possible release or alternatives.

Detention review protects the accused against unnecessary or excessive deprivation of liberty. In Switzerland, a court examines whether suspicion, a recognised detention ground and proportionality still exist, either when detention is ordered or extended, or upon a release request. The accused and defence may present arguments and propose substitute measures. Review must be prompt and meaningful, with reasons given. If conditions are no longer met, the person must be released, possibly subject to less restrictive measures.