Under French law, police custody is strictly regulated.
It is essential for individuals to understand their rights and the procedures involved in police custody to protect their interests.
1. What is the legal basis for a police custody ?
Police custody in France is regulated by the Code of Criminal Procedure (CCP).
It provides guidelines and safeguards to ensure that the rights of individuals are respected during the custodial process.
It defines police custody as a deprivation of liberty measure taken against a person suspected of having committed a criminal offense or about to commit it (article 62-2, CCP).
When police custody comes to minors, special considerations and safeguards are put in place to ensure their rights, well-being and protection.
2. What are the legal conditions for Police Custody ?
For an individual to be placed in police custody, certain conditions must be met :
Only a judicial police officer, either on their own initiative or upon the instructions of the public prosecutor, can put a person under police custody (articles 62-2 and 63, CCP).
The authorities must have a reasonable suspicion that the person has committed a crime or participated in an offense : « If there are one or more plausible reasons to suspect that they have committed or attempted to commit a crime or an offense punishable by imprisonment » (article 62-2, CCP).
Additionally, it must be the only means to achieve at least one of the following objectives : Continuing an investigation with the presence of the suspected person, ensuring the person’s appearance before justice, preventing the destruction of evidence, preventing communication with accomplices, preventing any pressure on witnesses or victims, halting the ongoing offense.
3. What is the Duration of Police Custody ?
The detained persons must be informed of the reasons for their arrest and the anticipated duration of their custody (article 63-1, CCP) :
The duration of police custody is 24 hours, but this duration can be shortened or extended.
The initial duration can be extended by 24 hours under certain circumstances, totaling 48 hours (article 63, CCP).
For certain serious offenses committed by criminal organisations (murders, drug trafficking , terrorism, …), the duration can be extended to 72, 96, or 144 hours (articles 706-73 and 706-88, CCP). The decision is made by the investigating judge during a judicial inquiry, or by the judge of liberties and detention.
4. What are the Rights of the Detained Person ?
French law provides several fundamental rights to individuals placed in police custody.
These rights are designed to protect the individual’s dignity (article 63-5, CCP), ensure a fair trial, and prevent abuses of power :
Right to Remain Silent (article 63-1, CCP) : You have the right to refuse to answer questions during police custody. Anything you say can be used against you in court, so it is advisable to consult with a Lawyer in advance, when possible, before making any statements.
Right to Legal Counsel (articles 63-3-1 and 63-4-1, CCP) : You have the right to consult with an attorney of your choice during police custody. If you do not have a lawyer, one will be appointed to you by legal aid. Your lawyer can provide guidance, protect your rights, and represent your interests throughout the procedure.
Right to Be Informed (article 63-1, CCP) : You have the right to be informed of the charges against you, the reasons for your arrest, and the duration of your custody. The authorities must provide this information in a language you understand.
Right to Medical Assistance (article 63-3, CCP) : If you require medical attention during police custody, you have the right to receive appropriate medical care.
Right to contact a family member and employer (article 63)2, CCP), or your consulate if you are a foreign citizen.
Right to be assisted by an interpreter (article 63-1, CCP).
5. What are the Judicial oversight and Safeguards ?
Police custody is subject to judicial oversight to ensure its lawfulness and fairness. The public prosecutor or investigating judge supervises the custody process. The detained person has the right to challenge the lawfulness of their custody before a judge and seek redress if their rights have been violated.
6. What happens at the End of police custody ?
At the end of the police custody, the detained person may be released if there is insufficient evidence or if further detention is deemed unnecessary.
Alternatively, if deemed necessary, the person may be referred to the public prosecutor for further legal proceedings, such as an appearance before a magistrate (article 63-8, CCP).
