A judicial proceeding determines whether a juvenile should remain in custody pending further court action. It is a critical stage in the juvenile justice system, serving to assess the need for continued secure care. For example, following an arrest, a judge or magistrate conducts this proceeding to evaluate if the juvenile presents a risk to public safety or is likely to abscond from the jurisdiction if released.
This process protects both the juvenile and the community. It ensures that a minor is not unnecessarily deprived of liberty while also safeguarding public safety by preventing potential re-offending or flight. Historically, this type of hearing evolved from concerns about the welfare of children and the need for procedural fairness within the juvenile justice system.
