Which of the following is NOT a type of pretrial restraint?

• A. Conditions on liberty
• B. Restriction in lieu of arrest
• C. Arrest
• D. Administrative leave

Answer: (D)

Pretrial restraint comprises actions that limit a service member’s liberty before a court-mmartial or trial to protect the investigation and ensure the member’s appearance at proceedings.

Conditions on liberty are release with specific requirements—like staying within a certain area, posting travel restrictions, reporting to a supervisor, or avoiding contact with certain people. These bind the member and directly control movements or behavior as part of the pretrial process.

Restriction in lieu of arrest is a mechanism to avoid taking someone into custody immediately by imposing restrictions instead. It serves the same investigative and appearance purposes as pretrial restraint, but without a formal arrest at that moment.

Arrest is the classic pretrial restraint: taking a person into custody and depriving them of liberty pending charges or trial. It is the most direct and formal embodiment of pretrial restraint.

Administrative leave, however, is an administrative status change rather than a pretrial mechanism. It removes or shifts duties during an investigation but does not impose the same formal liberty restrictions or court-appearance conditions that characterize pretrial restraints. Therefore, it is not considered a type of pretrial restraint.