What is an affidavit of detention?
First off, an affidavit is a sworn statement of an affiant who subscribes
and swears to the truth of matters stated in a narration of facts. On the
other hand, detention is a condition of a person under custody of law,
especially when such person is held or deprived of liberty by authorities
such as when under police arrest.
An affidavit of detention can mean three (3) things. First, it may mean
that the person currently deprived of liberty states under oath that he is
deprived of liberty or is under detention. Second, it may mean that a police
officer attests under oath that another person is deprived of liberty or is
under detention. Or, third, it may mean that a third person states under
oath that another person is deprived of liberty or is under detention.
An affidavit of detention can mean three (3) things. First, it may mean
that the person currently deprived of liberty states under oath that he is
deprived of liberty or is under detention. Second, it may mean that a police
officer attests under oath that another person is deprived of liberty or is
under detention. Or, third, it may mean that a third person states under
oath that another person is deprived of liberty or is under detention.
Normally, an affidavit of detention is required to establish the fact of detention, which is essential in certain petitions like a petition for habeas corpus or an application/petition for bail.
Also, an affidavit of detention may mean an affidavit executed by police officers who effected the arrest. For example, it may contain the following statements: