Police custody

Police custody is a measure of constraint – deprivation of liberty – taken to keep a person suspected of having committed an offence at the disposal of investigators.

Police custody is defined in article 62-2 of the French Criminal Code.

A person may only be placed in police custody by an Officer of the judicial police (“OPJ”), who immediately informs the Public Prosecutor of the measure, when certain conditions are met.

The criterion relating to the seriousness of the offence

Police custody can only be used for offences where a prison sentence is incurred.

The criterion relating to the suspicions

A person can only be held in police custody if there are one or more reasonable grounds for suspecting that he or she has committed or attempted to commit an offence.

The criterion relating to the objectives pursued

Police custody must be the sole means of achieving at least one of the following objectives:

Enable investigations relating to the person’s presence or involvement
Ensure that the person is brought before the Public Prosecutor, so that the latter can whether to pursue the procedure or not
Prevent the person from altering evidence or material clues
Prevent the person from putting pressure on witnesses or victims, as well as on their family or close friends
Prevent the person from colluding with other people likely to be their co-perpetrators or accomplices
Guarantee the implementation of measures intended to put an end to the offense

Difference between police custody and free hearing of the suspect

Unlike police custody, which is a measure of constraint and deprivation of liberty decided with the aim of keeping a person suspected of having committed an offence at the disposal of investigators, a free hearing gives the suspect the freedom to end the measure at any time.

The duration of police custody

In theory, the duration of police custody cannot exceed 24 hours.

However, if the person is suspected of having committed an offence punishable by more than one year’s imprisonment, custody can be renewed for a further 24 hours, with the authorization of the Public Prosecutor.

For offences relating to terrorism or organized crime, police custody may be renewed one or more times, beyond 48 hours.

Police custody begins when the individual is deprived of his or her freedom of movement.

The main stages of police custody

Placement in police custody with notification of rights
30-minute confidential interview with a lawyer
Necessary actions: police interview(s), confrontation with the complainant, home search, psychological examination, etc.
Report by the investigating officer to the Public Prosecutor, usually by phone: the Public Prosecutor who gives the instructions (release from custody, new hearing or other investigative act, summons to appear in court, etc.).

The rights of the person in police custody

To be informed of the placement in custody, the possible duration of this measure and the nature of the offence
To inform a close relative and the employer, as well as the consular authorities if the person is of foreign nationality. Since the reform of July 1^st, 2024, the list of people who can be informed has been extended to include any other person designated by the person in custody (colleague, friend, person with whom he or she lives)
To be examined by a doctor
To be assisted by a lawyer, and to have a 30-minute interview with him or her*
To be assisted by an interpreter, if necessary
To consult certain documents of the procedure (the one recording the placement in police custody and the notification of rights, any medical certificate and the transcript of previous hearings/confrontations)
To present observations to the Public Prosecutor or the Judge, when deciding whether to extend police custody
To make statements, answer questions or remain silent
To eat and to rest between the different acts of investigation

*The reform of July 1^st, 2024 states that the presence of a lawyer is now mandatory in order to begin a police interview. If the appointed lawyer cannot be present or contacted within two hours, a court-appointed lawyer must be designed.

In some cases, however, the investigating officer can conduct an interview without the lawyer, with the authorization of the Public Prosecutor. When the lawyer arrives, the interview is interrupted to allow the person to talk to his/her lawyer.

Police custody of minors

Depending on their age, minors can be held in police custody, subject to specific rules:

Under 10: police custody is impossible
Between the ages of 10 and 13: exceptionally, a minor suspected of having committed an offence punishable by at least 5 years’ imprisonment can be held in police custody for a maximum of 12 hours, renewable once, with the authorisation of a magistrate
Between the ages of 13 and 16: minors can be placed in police custody if they are suspected of having committed an offence punishable by at least 5 years’ imprisonment, for a period of 24 hours, renewable once
For minors aged 16 and over, police custody is the same as for adults

For all police custody concerning minors, parents must be notified immediately by the investigating officer and can attend the police interview if the investigating officer agrees.

A lawyer is compulsory, and hearings are filmed.

The role of the person’s lawyer

Hiring a lawyer during police custody, or even beforehand in the case of planned (or foreseeable) police custody, has many advantages.

Before police custody and/or during the 30-minute interview:

Establish a precise and personalized legal strategy, according to the charges: is it best to keep silent, make statements, answer questions? and if necessary, which statements? which answers?
Enable the person to approach police custody as calmly as possible: understanding the procedure, knowing his/her rights, considering all possible consequences, etc.
Determine and assemble the pieces of evidence to be given to the investigators (documents, statements, names of witnesses to be interviewed, etc.).

During police custody:

Have access to certain procedural documents, (the one recording the placement in police custody and the notification of rights, the medical certificate(s) and the transcript of previous hearings/confrontations)
Verify that the person’s rights are respected, and act accordingly if this is not the case
Assist the client during interviews and confrontations
Verify that the detainee’s statements are correctly transcribed in the police report
Ask questions to the person in custody at the end of each interview and confrontation to complete, clarify or make up for what he or she has said; ask questions to any person confronted to the person in custody
Present observations relating to the police custody
Formulate requests for action(s)
Attend any judicial reconstruction or identification sessions

After police custody:

When the Public Prosecutor’s decision is not known immediately after police custody, the lawyer can contact him or her at regular intervals, so that the person concerned can know the outcome of the proceedings as soon as possible.

In the event of prosecution, the lawyer who assisted the person in police custody already has a good knowledge of the facts and can defend his/her interests effectively
If the case is dismissed, the lawyer can advise and assist the person in filing a complaint for slanderous denunciation and/or requesting that his/her details (DNA, etc.) be deleted from police files

First general advice

Do not contact the complainant
Do not make any statements outside the police interview and without your lawyer present
When making your statements or answering questions, use short, simple sentences so that the investigating officer can easily understand you and transcribe what you say in the official report
Whenever necessary, use language cautions. You may be questioned about events that took place several months or years ago, so it is normal not to remember everything precisely. If you are unsure, do not hesitate to use phrases such as “it seems to me that”, “I think that”, “in my memories”, etc., so as not to risk contradicting yourself in the future
Similarly, when you do not have the answer to a question or cannot remember something, you should admit so (rather than inventing or trying to fill in the gaps)
Finally, it is crucial to reread the report (transcript) before signing it, with the help of your lawyer

Your criminal defense with Me Lois Pamela LESOT

Are you (or someone close to you) at risk of being or are being taken into police custody?
Consult a lawyer: Me Lois Pamela LESOT – +33.(0)6.52.02.54.42 – lesot@loispamelalesot.com

The firm regularly assists and defends people accused of criminal offenses, such as domestic violence, rape, etc.

Date de l’article : 4 avril 2025 | Par Lois Pamela LESOT