GLOSSARY GLOSSARY Arrest: Deprivation of liberty of a person by a law enforcement body on the ground of suspicion of committing or having committed a crime. The arrest is then followed by release or a judicial decision on detention. Alternative measures or alternatives to pre-trial detention: A non-custodial measure of restraint intended to ensure that the person accused of a crime appears before the investigative body or the court for further legal proceedings. As an alternative to provisional measures, ‘supervision measures’ under Art 4 of the FD 2009/829/JHA are enforceable decisions taken in the course of criminal proceedings by a competent authority of the issuing State in accordance with its national law and procedures. Alternative sanctions: Non-custodial sanctions that maintain sentenced persons in the community and involve some restrictions on their liberty through the imposition of conditions and/or obligations. Under Art 2(4) of the FD 2008/947/JHA, “’alternative sanction’ shall mean a sanction, other than a custodial sentence, a measure involving deprivation of liberty or a financial penalty, imposing an obligation or instruction”. Capacity to be found criminally responsible (or also criminal legal capacity):The capacity to be found criminal responsible refers to the accused’s mental state at the time of the offence and his/her ability (or inability, or reduced ability) to appreciate the dangerous nature of a crime or to control his/ her behaviour. N.B. In some jurisdictions like the USA, this is referred to as the “insanity defence”. Depending on the situation, one can be declared fully incapable to be found criminally responsible (not criminally responsible/liable) or partly incapable to be found criminally responsible (i.e., diminished criminal legal capacity, partly criminally responsible/liable). 10 Civil involuntary commitment: Institutionalisation/hospitalisation of persons with intellectual and/or psychosocial disabilities without their consent based on their disability (e.g., because they pose a potential risk to harm themselves or others). For the purpose of this project, civil involuntary commitment differs from the mental health regimes mentioned above. While the first originates from a relevant criminal situation and can be considered mechanisms of diversion from the criminal proceedings, involuntary commitment covers situations that are to be classified as purely civil and without any criminal context. Civil involuntary commitment is not covered under this project. Criminal proceeding: Procedure to implement the substantive criminal laws, decide on criminal charges, acquittal and execute the sentence of imprisonment or any other form of cuastodial measure. According to the CJEU, this also includes proceedings for committal to a psychiatric hospital which, although they do not lead to a ‘sentence’ in the strict sense, nevertheless result in a measure involving a deprivation of liberty provided that such a measure is justified not only on therapeutic grounds but also on safety grounds.1For the purpose of this project, the notion of criminal proceeding encompasses the following stages: pre-trial, trial, and execution/post-trial stage. Custodial measures applicable to suspected or accused persons declared not fit to stand trial, not criminally responsible or only partly criminally responsible: Deprivation of liberty of persons who were declared not fit to stand trial or incapable or partly capable to be found criminal responsible due to their disability. They are not sentenced to imprisonment (due to lack of criminal responsibility) but are still subjected to deprivation of liberty. The deprivation of liberty is usually justified on grounds of the person’s actual or perceived disability combined with other aims, such as to prevent