Electronic bracelet during house arrest

Verified 21 February 2025 - Directorate for Legal and Administrative Information (Prime Minister)

House arrest with electronic monitoring (ARSE), often called an "electronic bracelet", is one solution alternative to pretrial detention. The court may require the person to remain in a specific location, with a bracelet with a transmitter connected to an alarm. She may leave this place only on the conditions and grounds laid down by the judge. We present you with the information you need to know.

House arrest with electronic surveillance (ARSE) is a custodial measure. It is considered to be pretrial detention.

The person under house arrest must wear an electronic bracelet connected to a surveillance unit. This measure forces him to stay at home or in another place determined by the judge. Permitted absences (days, hours and reasons) are strictly determined by the judge.

In a judicial inquiry, it can be decided ex officio by the judge or be requested by the person indictment.

The public prosecutor may also apply for house arrest with electronic monitoring, against the defendant awaiting trial.

Charged

The person may be placed under ARSE if the judge considers that the obligations of the judicial review are insufficient to ensure the proper conduct of the training. The measure makes it possible to preserve public order (threat, intimidation of the victim, etc.) and to guarantee the presence of the accused in court.

She's ordinate by the examining magistrate or by the JLDJLD : Judge of Liberties and Detention without having to obtain the agreement of the person indictment.

It may also be delivered on request of the accused and his lawyer. In case of pretrial detention, the detainee or his lawyer can apply for release with ARSE by the judge as alternative to detention.

In order for placement under ARSE to be ordered, all of the following conditions must be met:

  • Person to be indictment
  • Necessities of the investigation justifying it
  • Major liable to imprisonment for a term of at least 2 years, or minor from the age of 16 years, who shall be liable to imprisonment for a term of at least 3 years
  • Penitentiary Service for Insertion and Probation (SPIPSPIP : Penitentiary Service for Insertion and Probation) having verified the technical feasibility (telephone network coverage, electricity, etc.).

The ARSE may be supplemented by the obligations and prohibitions laid down in the case of judicial review (ban on visiting certain places, meeting certain people, taking care...).

FYI  

In case of domestic violence, the perpetrator may be placed under house arrest under electronic surveillance. The judge may decide to set up a bracelet for misalignment before any conviction.

Defendant

Before the trial before the criminal court, the public prosecutor may request the placement of the defendant under ARSE. It enters the JLD, which can decide on this placement.

ARSE may be pronounced in the following procedures:

Please note

The public prosecutor may bring an application for placement under ARSE for a child before the juvenile judge (specialized judge). under 16 years of age until the judgment hearing.

The ARSE may be supplemented by the obligations and prohibitions laid down in the case of judicial review (ban on visiting certain places, meeting certain people, taking care...).

FYI  

In case of domestic violence, the perpetrator may be placed under house arrest under electronic surveillance. The judge may decide to set up a bracelet for misalignment before any conviction.

For a minor, the ARSE may be carried out in an educational placement establishment or at the home of legal representatives of the minor with their written consent.

A person wearing an electronic bracelet may be absent from his residence only under conditions and on grounds laid down by the judge. If she leaves her home outside the set hours or goes to a place prohibited by the judge, the monitoring center is immediately alerted by a remote alarm.

At each alarm signal triggered by the bracelet (removal, degradation, delay, etc.), an incident report is written by an agent of the monitoring center. It shall be forwarded to the judge, the public prosecutor and the SPIPSPIP : Penitentiary Service for Insertion and Probation.

A person who does not comply with the obligations of the placement under an electronic bracelet may be subject to a arrest warrant or a order to bring, decided by the investigating judge or the public prosecutor.

The person can be placed in pretrial detention by decision of the JLDJLD : Judge of Liberties and Detention.

Warning  

It is forbidden to remove, break or damage the electronic bracelet and the housing of the home or risk criminal prosecution.

The bracelet must be placed within a period of 5 days from the order placing the person under ARSE, provided that it is possible to implement the technical device.

If the technical verifications could not be carried out or are not completed, the JLDJLD : Judge of Liberties and Detention grabs SPIPSPIP : Penitentiary Service for Insertion and Probation to report to ensure that the device can be put in place.

It's done with the consent of the individual. That agreement has to be given in the presence of a lawyer. If the person refuses this facility, the judge can decide to revoke the ARSE and place the person in pretrial detention.

Prison service personnel pose and remove the bracelet usually worn on the ankle.

The person can ask the judge at any time for a doctor to check that the bracelet is not harmful to his or her health.

Monitoring and follow-up of the ARSE measure is carried out by the Prison Service for Integration and Probation (SPIPSPIP : Penitentiary Service for Insertion and Probation).

Compliance may be monitored by the following means:

  • Phone Verification
  • Visit to place of residence
  • Summons to prison
  • Summons to the SPIP.

The duration of placement under ARSE varies depending on whether it is ordered by the investigating judge or against the defendant awaiting trial:

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Indictment

The ARSE is ordered for a period of 6 months.

It is renewable three times for the same period.

Renewal rollup cannot exceed 2 years.

Defendant

For a major, in the event of referral to the criminal court or the criminal court, the total duration of the placement under ARSE may not exceed 2 years, without the need to extend the placement every 6 months.

Placement under ARSE may be ordered until the judgment hearing for a minor.

Indictment The rules differ depending on whether the ARSE was ordered against a person who is being tried or a defendant awaiting trial:

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Charged

The investigating judge may, at any time, modify or terminate according to the measure.

Modification of the measure

The investigating judge may modify, impose or delete one or more obligations:

  • Modify an obligation (e.g. hours of home presence...)
  • Temporarily waive an obligation (hospitalization, death of a loved one...)
  • Add or remove an obligation (prohibition or lifting of prohibition to travel to a place...).

This decision shall be taken at the request of the public prosecutor or at the request of the person indictment in writing.

The judge's decision may be the subject of an call in the 10 days from the notification. The call must be made by statement at the registry of the court that issued the decision.

Who shall I contact

It shall give its decision within a period of 5 days by reasoned order. This decision may be the subject of an call in the 10 daysfrom the notification.

If the judge has not given his decision within the time limit of 5 days, the person may refer the matter directly to the investigating chamber of the court of appeal, which shall rule in 20 days. Otherwise, the electronic placement measure is lifted.

End of measurement

The investigating judge may, at any time, terminate the measure or replace it by judicial review.

He can do it:

  • Either ex officio
  • Either on the request of the public prosecutor
  • Or at the request of the respondent.

The judge's decision may be the subject of an call in the 10 days from notification. The call must be made by statement at the registry of the court that issued the decision.

Who shall I contact

FYI  

Indictment At the end of a judicial inquiry, if the person is referred to the correctional court, the measure ends. However, on reasoned decision, the investigating judge may maintain the placement under an electronic bracelet.

If the person is referred to the criminal court, the accused remains under ARSE until the hearing.

Defendant

The Judge for Liberty and Detention may, at any time, on the request of the Public Prosecutor or at the request of the accused, decide on the following measures:

  • Edit, force, or delete one or more obligations
  • Temporarily waive an obligation.

The judge's decision may be the subject of an call within a period of 24 hours in front of chamber of investigation.

Who shall I contact

Placement under an electronic bracelet is an alternative to pre-trial detention. She's fully deducted the length of the custodial sentence imposed.

In the event of a decision to non-suit, of relaxation or of acquittal become definitive, the person placed under an electronic bracelet may ask compensation for damage suffered, moral and material.

The application must be made to the first president of the Court of Appeal on which the court that made the decision depends.

Who shall I contact

Warning  

The request must be sent within 6 months which follow the final decision.

Who can help me?

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