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Detention or custody of a minor
Verified 19 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Detention or police custody is a measure which allows a minor to be kept under duress (i.e. against his will) at the disposal of the investigators.
The rules differ depending on the minor's age.
We present you with the information you need to know.
What applies to you ?
Caution: a detention or custody measure is not not possible for a child under 10 years of age. Only free hearing is possible.
10 to 13 years
Deduction is a measure that only affects minors between the ages of 10 and 13.
They may not be detained.
Detention is introduced, as part of an investigation, when a minor is suspected of having committed or attempted to commit an offense or a punishable crime at least 5 years in prison.
Restraint is a measure restricting the minor's freedom.
It is decided by a judicial police officerwith the prior consent and under the supervision of a magistrate. The magistrate may be a public prosecutor, an investigative judge or a children's judge.
Parents of the minor or adults responsible for the minor (e.g. guardian, guardian) should be immediately notified of this action.
From the outset of detention, the minor must be assisted by a lawyer and examined by a doctor.
The hearing of the minor under this measure shall be recorded.
The measure of restraint is possible only if he is suspected of having committed or attempted to commit a punishable offense or crime at least 5 years in prison.
You have to also that the minor's restraint be the only way to achieve at least one of the following objectives:
- Continue an investigation involving the presence of the minor concerned
- Ensuring the juvenile's presentation in court
- Prevent the destruction of clues
- Preventing Conciliation with Accomplices
- Prevent pressure on witnesses or victim
- Stop a infringement in progress
Deduction must be limited to the time necessary for the deposition (the hearing(b) the minor, when he is brought before the investigating magistrate or handed over to his parents, legal representatives (guardian, trustee) or to the service to which he has been entrusted.
The deduction may not exceed an initial period of 12 hours.
It may be extended once for 12 hours, exceptionally, by a reasoned decision of the magistrate in charge of the case (public prosecutor at the investigation stage or investigating judge at the time of the information).
The minor must necessarily meet with the magistrate before any extension.
The Judicial Police Officer (OPJ) must immediately inform the parents or adults responsible for the minor of his detention.
A lawyer must be obligatory designated to assist the minor.
A physician should be obligatory designated to meet the minor from the start of the detention.
Information concerning the investigation conducted by the public prosecutor or the investigating judge must be given to the minor.
They must also be communicated to the adults responsible for him (e.g. his parents), if known.
In order to protect the minor or the proper conduct of the investigation, the magistrate may decide not to transmit the information.
In certain cases (unknown parents, protection of the child and proper conduct of the investigation), the minor may appoint an adult to accompany him or her and receive this information. It's about the appropriate adult. If he does not choose one, the magistrate must appoint one.
Before the hearing
The judicial police officer (OPJ) must provide the minor, his parents or his legal representatives with the following information:
- Maximum retention period
- Offense the minor is suspected of having committed, its alleged date and place
- Minor's right to remain silent
- Right of the minor to submit observations to the judge responsible for the extension
- Right of the minor to be assisted by an interpreter
- Right of the minor to be examined by a doctor (systematic medical examination)
- Right of the minor to have his or her parents informed, except in special circumstances
- Right of the minor to be accompanied by his or her parents at the hearing, except in special circumstances
- Minors' right to privacy, guaranteed by the ban on broadcasting recordings of their hearings
- The right of the minor to be detained (imprisoned) separately from adults (the minor cannot be placed in a cell)
- The right of the minor to health and to freedom of religion or belief
- The right of the minor to be assisted by a lawyer, chosen by him or her, by his or her parents, or official clerkat the outset of the measure (if no lawyer is appointed by the minor or his or her parents, the investigating magistrate must himself or herself request a lawyer appointed by the court)
After hearing
The minor and the adults responsible for him are informed that they can consult all the documents in the case, provided they obtain the agreement of the public prosecutor. This is the case for example with the following documents:
- Record of detention
- Medical certificate issued by the doctor
- Minutes of his own hearings, to be signed by the minor
Accompaniment by parents
Parents (holders of parental authority) may accompany the minor at the hearing if the investigators agree. This is the case if they consider it to be in the best interests of the child to be accompanied, provided that their presence does not prejudice the proper conduct of the investigation.
Parents may request a medical examination for the minor and the assistance of a lawyer.
They are not allowed to ask questions or make comments. But the investigators can invite them.
Please note
hearing may begin in the absence of the parents but only 2 hours after they are notified.
Support by the appropriate adult
When a appropriate adult has been appointed by the minor, who may also assist him at the hearing.
However, it does not have all the rights granted to parents. He can ask for a medical examination, but he cannot ask for the assistance of a particular lawyer.
He cannot speak during the hearing.
Any hearing of the minor shall be the subject of an audiovisual recording.
The original shall be kept in a secure place in the court responsible for the case. A copy shall be placed on the file.
The recording shall be viewed only if the content of the minutes of the hearing is contested. The request for consultation may be made by the public prosecutor or one of the parties.
Where registration cannot be effected because of technical impossibility, this shall be stated in the minutes of the hearing. The minutes shall state the nature of that impossibility. The public prosecutor or the investigating judge shall be informed immediately.
If there has been no registration, there can be no conviction handed down solely on the basis of the drafting of the minor's statements.
Deduction ends in one of the following situations:
- When the minor is released and entrusted to his or her parents or guardians. He may nevertheless be summoned later before the juvenile judge, if the public prosecutor decides to prosecute him.
- When the minor is brought directly before the public prosecutor, who will decide on the follow-up (a hearing before the juvenile judge, for example).
From 13 to 16 years
Police custody is established, as part of an investigation, when a minor is suspected of having committed or attempted to commit a crime or a crime punishable by a prison sentence.
Police custody is a measure restricting the minor's freedom.
It is decided by a judicial police officer (OPJ), which may be a policeman or gendarme.
Police custody is the mandatory detention of the minor in police or gendarmerie premises for questioning.
Parents of the minor or adults responsible for the minor (e.g. guardian, guardian) should be immediately notified of this action.
From the outset of police custody, the minor must be assisted by a lawyer and examined by a doctor.
Detention is only possible when he is suspected of having committed or attempted to commit an offense or a crime punishable by a prison sentence.
In order to place a minor in police custody, this measure must be the only means of achieving at least one of the following objectives:
- Continue an investigation involving the presence of the minor concerned
- Ensuring the juvenile's presentation in court
- Prevent the destruction of clues
- Preventing Conciliation with Accomplices
- Prevent pressure on witnesses or victim
- Cease the current infringement
Police custody initially lasts for 2Four hours.
It may be extended by Maximum additional 24 hours only if the offense in question is punishable by at least 5 years in prison. Such extension shall be authorized by the investigating magistrate.
This magistrate may be the public prosecutor at the investigative stage or the investigating judge at the time of the information.
The juvenile in custody must necessarily meet with the magistrate before the extension. This presentation can be made by videoconference.
As soon as the judicial police officer (OPJ) decides to take the minor into custody, he or she will duty immediately inform the investigating magistrate (i.e. investigating judge or public prosecutor).
A lawyer must be obligatory designated to assist the minor.
A physician should be obligatory designated to meet the minor from the beginning of police custody.
The judicial police officer (OPJ) must immediately inform the parents or adults responsible for the minor (e.g. guardian, guardian) of his detention.
Please note
to ensure the proper conduct of the investigation, the magistrate responsible may decide to inform the parents 12 hours after the start of police custody (or 24 hours after if the measure is extended).
In this case, the minor may appoint an adult to accompany him or her and receive this information. It's about the appropriate adult. If he does not choose one, the OPJ or the magistrate can appoint one.
Before interrogation
The judicial police officer (OPJ) must provide the minor, his parents or legal representatives with the following information:
- Maximum duration of police custody
- Offense the minor is suspected of having committed, its alleged date and place
- Minor's right to remain silent
- Right of the minor to submit observations to the judge responsible for the extension
- Right of the minor to be assisted by an interpreter
- Right of the minor to be examined by a doctor (systematic medical examination for minors under 16)
- Right of the minor to have his or her parents informed, except in special circumstances
- Right of the minor to be accompanied by his or her parents during questioning, except in special circumstances
- Minors' right to protection of privacy, guaranteed by the ban on broadcasting recordings of their interrogations
- The right of the minor to be detained (imprisoned) separately from adults (the minor cannot be placed in a cell)
- The right of the minor to health and to freedom of religion or belief
- The right of the minor to be assisted by a lawyer, chosen by him or her, by his or her parents, or official clerkat the outset of the measure (if no lawyer is appointed by the minor or his or her parents, the investigating magistrate must himself or herself request a lawyer appointed by the court)
After the interrogation
The minor and his or her legal representatives shall be informed of his or her right to consult, as soon as possible and at the latest before the extension of police custody, all the documents in the case file, provided that he or she obtains the agreement of the public prosecutor. This is the case, for example, with the following documents:
- Minutes recording his detention in police custody
- Medical certificate issued by the doctor
- Minutes of his own hearings, to be signed by the minor
Accompaniment by parents (holders of parental authority)
Parents may accompany the minor during questioning if the investigators agree. This is the case if they consider it to be in the best interests of the child to be accompanied, provided that their presence does not prejudice the proper conduct of the investigation.
Parents may request a medical examination for the minor and the assistance of a lawyer.
They are not allowed to ask questions or make comments unless the investigators invite them to do so.
Please note
questioning can begin in the absence of parents but only 2 hours after they are notified.
Support by the appropriate adult
When a appropriate adult has been appointed and may also assist the minor during questioning. However, it does not have all the rights granted to parents. He can ask for a medical examination, but he cannot ask for the assistance of a particular lawyer.
He cannot speak during questioning.
All interrogations of minors shall be recorded by audio-visual means.
The original shall be kept in a secure place in the court responsible for the case. A copy shall be placed on the file.
The recording is viewed only if the content of the interrogation report is disputed.
Where, owing to a technical impossibility, registration cannot be effected, this shall be stated in the examination report. The minutes shall state the nature of that impossibility. The public prosecutor or the investigating judge is immediately notified.
If there has been no registration, there can be no conviction handed down solely on the basis of the drafting of the minor's statements.
Police custody shall end in any of the following situations:
- When the minor is released (the police or gendarmerie must ensure that he will be safe when he leaves their premises). The minor may nevertheless be summoned later to the juvenile judge or the juvenile court, if the public prosecutor decides to prosecute him.
- When the minor is brought before the public prosecutor or the investigating judge, who will decide what action to take (for example, a trial before the children's court)
From 16 years
Police custody is established, as part of an investigation, when a minor is suspected of having committed or attempted to commit a crime or a crime punishable by a prison sentence.
Police custody is a measure restricting the minor's freedom.
It is decided by a judicial police officer (OPJ), which may be a policeman or gendarme.
Police custody is the mandatory detention of the minor in police or gendarmerie premises for questioning.
Parents of the minor or adults responsible for the minor (e.g. guardian, guardian) should be immediately notified of this action.
From the outset of police custody, the minor must be assisted by a lawyer.
The minor can be examined by a doctor if he, his parents, the persons responsible for him, his lawyer request it. there is no obligation for a medical examination for a minor aged 16 years and over.
In order to place a minor in police custody, this measure must be the only means of achieving at least one of the following objectives:
- Continue an investigation involving the presence of the minor concerned
- Ensuring the juvenile's presentation in court
- Prevent the destruction of clues
- Preventing Conciliation with Accomplices
- Prevent pressure on witnesses or victim
- Cease the current infringement
Detention of a minor over 16 years of age shall be ordered for an initial period of 24 hours.
It may be extended by 24 hours maximum additional costs, with the authorization of the investigating magistrate.
The extension is possible only in criminal matters, or in correctional matters where the prison sentence incurred is greater than or equal to 1 year and if this extension is the only way to achieve at least one of the following objectives:
- Continue an investigation involving the presence of the minor concerned
- Ensuring the juvenile's presentation in court
- Prevent the destruction of clues
- Preventing Conciliation with Accomplices
- Prevent pressure on witnesses or victim
- Stop a infringement in progress
The extension is made by decision of the investigating judge if he is in charge of the case or of the public prosecutor in other cases.
In all cases, the juvenile in custody must meet with the investigating magistrate before any extension is granted. This presentation can be made by videoconference.
As soon as the judicial police officer (OPJ) decides to take the minor into custody, he or she will duty immediately inform the investigating magistrate (i.e. investigating judge or public prosecutor).
A medical examination is not compulsory from the beginning of police custody to meet the minor. However, they may ask to be examined by a doctor.
The legal representatives are informed of the right to this examination, and the lawyer himself can request it for his minor client.
The judicial police officer (OPJ) must immediately inform the parents or adults responsible for the minor (e.g. guardian, guardian) of his detention.
Please note
to ensure the proper conduct of the investigation, the magistrate responsible may decide to inform the parents 12 hours after the start of police custody (or 24 hours after if the measure is extended).
In this case, the minor may appoint an adult to accompany him or her and receive this information. It's about the appropriate adult. If he does not choose one, the OPJ or the magistrate can appoint one.
Before interrogation
The judicial police officer (OPJ) must provide the minor, his parents or legal representatives with the following information:
- Maximum duration of police custody
- Offense the minor is suspected of having committed, its alleged date and place
- Minor's right to remain silent
- Right of the minor to submit observations to the judge responsible for the extension
- Right of the minor to be assisted by an interpreter
- Right of the minor to be examined by a doctor (systematic medical examination for minors under 16)
- Right of the minor to have his or her parents informed, except in special circumstances
- Right of the minor to be accompanied by his or her parents during questioning, except in special circumstances
- Minors' right to protection of privacy, guaranteed by the ban on broadcasting recordings of their interrogations
- The right of the minor to be detained (imprisoned) separately from adults (the minor cannot be placed in a cell)
- The right of the minor to health and to freedom of religion or belief
- The right of the minor to be assisted by a lawyer, chosen by him or her, by his or her parents, or official clerkat the outset of the measure (if no lawyer is appointed by the minor or his or her parents, the investigating magistrate must himself or herself request a lawyer appointed by the court)
After the interrogation
The minor and his or her legal representatives shall be informed of his or her right to consult, as soon as possible and at the latest before the extension of police custody, all the documents in the case file, provided that he or she obtains the agreement of the public prosecutor. This is the case for example with the following documents
- Minutes recording his detention in police custody
- Medical certificate issued by the doctor
- Minutes of his own hearings, to be signed by the minor
Accompaniment by parents (holders of parental authority)
Parents may accompany the minor during questioning if the investigators agree. This is the case if they consider it to be in the best interests of the child to be accompanied, provided that their presence does not prejudice the proper conduct of the investigation.
Parents may request a medical examination for the minor and the assistance of a lawyer.
They are not allowed to ask questions or make comments unless the investigators invite them to do so.
Please note
questioning can begin in the absence of parents but only 2 hours after they are notified.
Support by the appropriate adult
When a appropriate adult has been appointed and may also assist the minor during questioning. However, it does not have all the rights granted to parents. He can ask for a medical examination, but he cannot ask for the assistance of a particular lawyer.
He cannot speak during questioning.
All interrogations of minors shall be recorded by audio-visual means.
The original shall be kept in a secure place in the court responsible for the case. A copy shall be placed on the file.
The recording is viewed only if the content of the interrogation report is disputed.
Where, owing to a technical impossibility, registration cannot be effected, this shall be stated in the examination report. The minutes shall state the nature of that impossibility. The public prosecutor or the investigating judge is immediately notified.
If there has been no registration, there can be no conviction handed down solely on the basis of the drafting of the minor's statements.
Police custody shall end in any of the following situations:
- When the minor is released. He may nevertheless be summoned later before the juvenile judge, if the public prosecutor decides to prosecute him.
- When the minor is brought directly to the public prosecutor or to the investigating judge who will decide on the follow-up (a hearing before the juvenile judge (a trial before the juvenile court, for example)
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you are from the Department of Justice.
Security measures in police custody
Procedure for police custody
Detention of the minor
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