The judge who decides to restrict the minor's liberty must inform the minor of his or her rights during the proceedings.

This information must also be given to its parents if they are known or to his legal representatives (e.g. guardian, trustee), as well as all decisions taken in respect of the minor.

In order to protect the minor or the proper conduct of the investigation, the judge may decide not to transmit the information.

In such cases, 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 may appoint one.

From the age of 16, a minor may be subjected to a series of obligations and/or prohibitions. We're talking about judicial review.

The objectives of this measure are to:

• Set up a binding monitoring for the minor
• Check your presence in a geographical area

Judicial control is put in place when the minor faces prison.

This set of obligations and/or prohibitions is set by a specialized judge (Judge for Children, Investigative Judge, Judge for Liberties and Detention) or by the children's court.

The procedure is the same as for a major.

In addition to the minor concerned and his or her lawyer, adults responsible for him or chosen to accompany him are also called in by the judge. They must be associated with the procedure.

The judge may impose certain obligations and/or prohibitions on the minor. In particular:

• Respond to educational services summonses
• Inform the judge of any movement beyond the specified limits
• Prohibition of publication in certain places
• Prohibition on meeting certain persons

In the event of non-compliance with the obligations imposed on him, the minor may be temporarily placed in adapted prison (pretrial detention). He may also be placed in a closed educational center, if this obligation has not already been pronounced.

From the age of 16, a specialized judge (children's judge) may directly oblige the minor to to remain in a specified place (house arrest) with fixed electronic monitoring, if there is a risk at least 3 years of prison.

The procedure is the same as for an adult.

This obligation consists in staying at home or in a fixed residence and only taking leave under certain conditions and for certain reasons determined by the judge.

In addition to judicial review, or house arrest, the judge may add a Provisional Judicial Educational Measure (PJEM). In particular, it may order the following measures:

• Prohibition of travel to certain places
• Prohibition of contact with victims
• Curfew

The Mejp is exercised until the judgment of the minor or on guilt if it was ordered during the deferralor on the penalty if it was ordered during the period of the educational probation.

Imprisonment of a minor must be exceptional. Intervene when other measures are not sufficient. The judge must therefore find that the monitoring of the presence of the minor in a geographical area (judicial review), placement in a closed educational center or the obligation to remain in a specific place (house arrest) are insufficient.

The minor may be temporarily detained (pretrial detention)

• by the Judge of Liberties and Detention (seised by the Juvenile Judge or the Investigating Judge),
• by the juvenile judge, onlyduring the period of educational probation,
• or by the children's court.

The minor will be imprisoned in a special area of the prison (a remand center or a specialized juvenile prison).

Reasons

The minor may be temporarily imprisoned (pretrial detention(b) if he is liable to one of the following penalties:

• Prison sentence for crime
• Prison sentence of 3 years or more for one offense

The minor may also be placed in prison temporarily in the event of non-compliance with the set of obligations and/or prohibitions (judicial review) or the obligation to stay at home, fixed by the judge regardless of the sentence he or she may face.

Procedure

If imprisonment is envisaged, the education service of the court (Seat) must be consulted and must draw up a detailed report.

Before making his decision, the judge considers the report and then hears the prosecutor, the minor and his lawyer during a debate.

Duration of the measure

The minor may be detained pending trial, during the investigation and/or during the investigation.

If the minor is temporarily placed in prison before the guilt hearing or the one-off hearing, its duration is limited to 1 month.

In the context of a police investigation or an investigation entrusted to a judge, the duration of temporary placement in prison varies according to the penalty incurred:

• If suspected of offense, the minor may, under investigationshall be temporarily imprisoned for a period of:
  
  • 1 month which may be extended up to Maximum 2 months, if the penalty is less than 7 years in prison,
  • 4 months which may be extended up to Maximum 1 year, if the sentence he faces exceeds seven years in prison.

• If suspected of crime, the minor may, under investigationbe temporarily imprisoned for a first period ofMaximum 1 year which may be extended by two periods of Maximum 6 months each.
  The duration can be as long as 3 years in the case of terrorism.

At the end of the training, the minor may be temporarily detained in prison:

• if suspected of offense, 2 months which may be extended up to 4 months maximum,
• if suspected of crime, the duration may not exceed 1 year, the deadline by which the minor is to be brought before the court of assize.