Initial Duration

The duration of police custody shall be 24 hours, but this period may be abbreviated or extended.

The 24-hour count begins at the same time as the suspect is being heldSometimes by force. For example, once the suspect is stopped by a police officer.

The suspect must be informed immediately of his detention. But this information can be given later if the situation does not allow it at the time the police custody begins (for example, if the suspect is arrested on the public highway).

Extension

Police custody may be extended if the alleged offense is punishable by a prison sentence of at least 1 year.

The extension must be the only way to reach one of objectives who allowed police custody initial, which means:

• Continuing an investigation by ascertaining the presence of the suspect
• Ensuring that the person is brought before a magistrate
• Prevent the destruction of clues
• Prevent consultation, i.e. not allow the person in custody to agree with his accomplices
• Prevent pressure on witnesses or victims
• Ensuring that the current infringement is brought to an end

The initial period of police custody may be increased by 24 hours overtime (i.e. 48 hours total). Such extension shall be decided by the public prosecutor in case of investigation into flagrancy or preliminary investigation or by examining magistrate as part of a judicial inquiry.

Prior to this extension, the suspect in custody may be heard by the magistrate (prosecutor or investigating judge) in court or by videoconference.

For serious infringements, police custody may be extended to a total of 72 hours (or 96 and 144 hours, in case of drug trafficking, terrorism...). In these cases, the decision is taken by the investigating judge, during a judicial inquiry, or by the judge of freedoms and detention (JLD) in other cases.

Right to legal assistance

The person in custody may ask the assistance of a lawyer from the outset of detention and at any time during detention. In this case, it must either to appoint a lawyer herself that she knows, either ask for a lawyer official clerk.

If the person in custody asks for a lawyer, he or she shall be heard in the presence of the defendant or of a lawyer appointed by the court, unless she gives up.

The lawyer has to show up without delay to the hearing. If he cannot be contacted or if he cannot appear within two hours, a lawyer appointed by the President shall be appointed.

If the investigation warrants it (for example in cases of danger to life), the public prosecutor may authorize in writing that an immediate hearing or confrontations be organized without waiting for the lawyer's arrival.

On arrival, the lawyer can talk to his client for up to 30 minutes and consult the following documents:

• Minutes of the hearing
• Minutes of detention in police custody
• Medical certificate (if established)
• Verbal Confrontations

In the event of an extension of police custody, the lawyer may meet with his client again for a maximum of 30 minutes.

The lawyer may attend all interrogations and take notes. He or she may also assist the person in custody during a re-enactment or be present at an identification session in which the suspect participates.

At the end of each examination, the lawyer may ask questions. L'judicial police officer (OPJ) may object only if such questions are such as to prevent the proper conduct of the investigation.

The lawyer may also to make observations in which it may note the questions refused. These observations shall be attached to the procedure.

If the detainee is taken to another location, his lawyer is immediately notified.

Right to contact with a family member and an employer

The suspect has the right to notify your employer and a relative of his custody.

He can't prevent only one relative from the following list:

• Person he usually lives with
• Father or mother
• One of his grandparents
• One of his children
• A brother or sister
• Any person of his choice

In order to keep or obtain new evidence, the magistrate in charge of the investigation may decide that the relative is not notified, or that he is notified later. For example, if a search is necessary to avoid concealment of evidence, the public prosecutor may delay notifying the person chosen by the suspect.

The prosecutor may also delay or not grant information to a relative to prevent a serious injury to life, liberty or physical integrity. This is the case, for example, if the prosecutor fears that a family member of the suspect might assault the complainant or a witness.

The accused person can appoint a lawyer to keep him in custody. This designation must be confirmed by the detainee.

Detainees may ask to communicate with a relative in writing, by telephone, or for an interview. The OPJ can refuse if this communication could disrupt the investigation and allow a new offense.

Right to be examined by a doctor

The detainee may request to be examined by a doctor. In particular, the doctor must decide on the compatibility of police custody with the state of the suspect. The medical certificate shall be entered in the file.

In case of extension of his police custody, the suspect may be examined a second time. Medical examination by teleconsultation (remote consultation) may be authorized by the public prosecutor and with the consent of the detainee.

At any time, the public prosecutor or an OPJ may arrange for a medical examination of the person in custody.

The medical examination may also be requested by a family member or bythe person who has been warned of his detention. In this case, the examination is mandatory unless it is already provided for at the request of the detainee or on the initiative of the public prosecutor or the OPJ.

Right to be assisted by an interpreter

If he does not speak French, the detainee has the right to be assisted by an interpreter in a language he understands. The interpreter may intervene by means of a telecommunication (telephone, videoconference...).

If the person is deaf and cannot read or write, they must be assisted by a sign language interpreter or any qualified person.

Right to remain silent

The detainee has the right to make statements, answer questions or be silent.

His only obligation is to state his identity.

Right to make observations in the event of extension of police custody

The suspect can do comments on the extension of police custody when presented to the magistrate responsible for making the decision.

If the detainee is not brought before a magistrate, he may ask record his observations in the minutes of the hearing on the extension of the measure. The minutes shall be communicated to the magistrate before he takes a decision on the possible extension of the measure.

Right to consult certain minutes

The detainee has the right to read, as soon as possible and at the latest before any extension of police custody, certain minutes.

He can ask to read the minutes of police custody, the minutes of hearings and if it exists, the medical certificate from the doctor who came to examine him.

Notifications of rights

The judicial police officer (OPJ) must inform from the beginning of police custody a person detained in custody of:

• Start of police custody, duration and possibility of extension of its initial duration
• Offense she is suspected of having committed, presumed date and place
• Aims of police custody
• A set of his rights (right to be examined by a doctor, right to be assisted by a lawyer, right to remain silent...).

A written statement setting out all these rights shall be given to the person in custody when he is informed of the start of his detention.

If necessary, the notification shall take place in a language which the person in custody understands.

Palpation or search

The person in custody may be subjected to a security pat-down or a search if necessary for the investigation.

These acts are carried out by the police or gendarmerie:

• Palpation manually or with electronic detection. An officer, of the same sex as the person being searched, touches her on her clothes. This officer may ask him to remove certain clothing, but full stripping is prohibited. The purpose of this pat-down is to verify that the suspect in custody does not carry a dangerous object. Consent is not required.
• Full search if the 2 acts above are insufficient. It must be indispensable to the investigation. The suspect in custody may be required to undress. This search must be decided by an OPJ and carried out by a person of the same sex as the person searched, in a closed place.

Only a doctor can do a body search. It is used if the suspect in custody is suspected of hiding an object inside his body (e.g. a drug pellet).

Investigative acts

Conduct of hearings, transport, identification

The suspect may be auditioned and confronted as long as the police custody is not over. The statements made at each hearing or at each confrontation shall be recorded in minutes.

Detainees are sometimes called upon to participate in a reconstitution operation of the offense or to a session for identifying suspects of which he is a member.

It can be transported to the scene (e.g. transport to the crime scene).

Populating Survey Files

One photograph of the detained can be taken to feed the file Taj: titleContent.

For the purposes of the survey, the fingerprints of police custody may be recorded and recorded in the Faed: titleContent

For certain serious offenses (rape, aggravated fraud, murder, etc.), the biological fingerprints of the person being detained shall be taken to supply the Fnaeg: titleContent.

Respect for the dignity of police custody

All acts carried out during police custody must be carried out under conditions ensuring that respect for the dignity of the person.

The detainee must be entitled to rest period. Between the investigative acts in which he takes part, the detainee is placed in a cell in which a mattress and a blanket must be made available. The cell must be kept in a good state of cleanliness by daily cleaning.

The detainee must be able to drink water and enjoy hot meals, during normal hours.

The excavations or palpations must be carried out in a secluded manner and by same-sex staff.