After a suspect has been released by a detention propriety review, on what may a further arrest or detention for the same criminal facts still be based?
General information · Not legal advice
Material to check
In a practice file we look for the ruling on the detention propriety review, which shows which paragraph of the provision on detention propriety review the release was made under, and for any paper recording flight from custody or destruction of evidence of the crime.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the first paragraph as covering only suspects released by a detention propriety review decision made under the fourth paragraph of the provision on detention propriety review, and reads the exception narrowly: the same criminal facts may be met with a further arrest or detention only where the released suspect has fled or destroyed evidence of the crime.
Another reading stresses that the bar is written for release by that one kind of decision and its exceptions are drawn as flight or destruction, so a suspect released on some other basis is not covered by this paragraph, while a suspect released by that decision and shown to have done neither is exactly whom this paragraph restrains.
Your judgment
Where the file alleges flight, what would show that the suspect actually fled, rather than merely failed to attend a summons?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change which release decision the first paragraph attaches to or to add or remove an exception, or if a court decision explains what counts as flight or as destruction of evidence.