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Police custody is a coercive measure involving the deprivation of liberty, decided in order to keep a person suspected of having committed an offence at the disposal of investigators.

Police custody is defined by Article 62-2 of the French Code of Criminal Procedure.

Placement in police custody may only be ordered by a Judicial Police Officer (OPJ), who must immediately inform the Public Prosecutor, when certain conditions are met.

1. Criterion relating to the seriousness of the offence

Police custody may only be ordered in cases involving felonies and misdemeanours punishable by imprisonment.

2. Criterion relating to suspicion

Police custody may only be ordered for a person where there are one or more plausible grounds for suspecting that they have committed or attempted to commit a felony or misdemeanour.

3. Criterion relating to the objectives pursued

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

• Allowing investigations requiring the presence or participation of the person to be carried out
• Ensuring that the person is brought before the Public Prosecutor so that the latter can determine what further action should be taken in the investigation;
• Preventing the person from altering evidence or physical clues;
• Preventing the person from exerting pressure on witnesses or victims, as well as on their families or relatives;
• Preventing the person from colluding with other persons who may be co-perpetrators or accomplices;
• Ensuring the implementation of measures intended to put an end to the felony or misdemeanour.

Difference between police custody and the voluntary interview of a suspect

Unlike police custody, which is a coercive measure involving deprivation of liberty and is intended to keep a person suspected of having committed an offence at the disposal of investigators, a voluntary interview allows the suspect to end the interview at any time.

For more information on voluntary interviews: article on voluntary interviews.

Duration of police custody

As a general rule, police custody may not exceed 24 hours.

However, the measure may be extended for a further 24 hours with the authorisation of the Public Prosecutor where the person is suspected of having committed a felony or misdemeanour punishable by more than one year's imprisonment.

For terrorism-related offences or organised crime, police custody may be extended one or more times beyond 48 hours.

Police custody begins from the moment the individual is deprived of their freedom to come and go.

The main stages of police custody

• Placement in police custody and notification of rights;
• A confidential 30-minute consultation with a lawyer;
• Necessary investigative measures: one or more interviews, confrontations, searches, psychological assessments, etc.;
• The investigator reports to the duty Public Prosecutor, usually by telephone, who then gives instructions (release from police custody, a further interview or other investigative measure, issuance of a summons to appear in court, etc.).

Rights of a person in police custody

• To be informed of their placement in police custody, the possible duration of the measure and the legal classification of the offence;
• To have a relative and their employer notified, as well as the consular authorities if the person in police custody is a foreign national. Since the reform of 1 July 2024, the range of persons who may be notified has been extended to any other person designated by the person in police custody (colleague, friend, person with whom they live);
• To be examined by a doctor;
• To be assisted by a lawyer and to have a 30-minute consultation with them*;
• To be assisted by an interpreter where necessary;
• To consult certain official records (the record documenting notification of placement in police custody and the associated rights, any medical certificate, and the records of previous interviews/confrontations);
• To submit observations to the Public Prosecutor or the liberty and detention judge when they are deciding on a possible extension of police custody;
• To make statements, answer questions or remain silent;
• The right to food and rest periods between the various investigative measures.

The reform of 1 July 2024 provides that the presence of a lawyer is now mandatory before an interview can begin. If the designated lawyer cannot be present or contacted within two hours, a court-appointed lawyer must be designated.

However, in certain circumstances, the investigator may conduct an immediate interview without a lawyer, with the authorisation of the Public Prosecutor. When the lawyer arrives, the interview will be suspended to allow the person in police custody to consult with them.

Police custody of minors

Depending on their age, a minor may or may not be placed in police custody, subject to specific rules:

• Under the age of 10: police custody is not permitted;
• Between the ages of 10 and 13: a minor suspected of having committed a felony or misdemeanour punishable by at least 5 years' imprisonment may, exceptionally, be held for a maximum of 12 hours, renewable once. This measure may only be ordered with the authorisation of a judicial authority;
• Between the ages of 13 and 16: a minor may be placed in police custody if suspected of having committed a felony or misdemeanour punishable by at least 5 years' imprisonment, for a period of 24 hours, renewable once;
• From the age of 16: the rules governing police custody are the same as those applicable to adults.

For all cases of police custody involving minors, the parents must be notified immediately by the investigator and may attend the questioning if the investigator agrees.

Legal representation by a lawyer is mandatory, and interviews are video-recorded.

The role of the lawyer assisting a person in police custody

Having a lawyer assist you during police custody, or even beforehand where police custody is planned (or foreseeable), offers numerous advantages.

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

• Establishing a precise and personalised legal strategy based on the allegations: whether to remain silent, make statements or answer questions; and, where appropriate, what statements to make and how to answer;
• Helping you approach police custody as calmly as possible: understanding the procedure, knowing your rights, considering the possible outcomes, etc.;
• Identifying and gathering evidence to be provided to investigators (documents, statements, names of witnesses to be interviewed, etc.).

During police custody :

• Accessing certain documents in the case file, namely the official record of placement in police custody and notification of rights, any medical certificate issued upon placement in custody, and records of the person's previous interviews;
• Ensuring that the rights of the person in police custody are respected and taking appropriate action if they are not;
• Assisting the client during interviews and confrontations;
• Ensuring that the statements made by the person in police custody are accurately recorded in the official record;
• Asking the person in police custody questions at the end of interviews and confrontations in order to supplement, clarify or correct their statements, and asking questions of any person confronted with the client;
• Submitting observations concerning the police custody;
• Requesting investigative measures;
• Attending any reconstruction or identification procedure.

After police custody :

When the Public Prosecutor’s decision is not known immediately after police custody, your lawyer can contact the Public Prosecutor at regular intervals so that you are informed of the outcome of the proceedings as soon as possible.

• In the event of prosecution, the lawyer who assisted you during police custody will already have a good understanding of the facts and can effectively defend your interests.
• If the case is dismissed without further action, your lawyer can advise and assist you in bringing a criminal complaint for malicious accusation and/or applying for the removal of your personal data from police records.

For more information on the decision to take no further action: article on the decision to take no further action.

General Initial Advice

• Do Not Contact the Complainant
• Do Not Make Any Statements Outside the Interview or in the Absence of Your Lawyer
• When giving your statement, use short, clear sentences so that the investigating officer can easily understand you and accurately record your account in the official interview report.
• Use cautious language whenever appropriate. You may be questioned about events that took place several months or even years ago, so it is perfectly normal not to remember every detail precisely. If you are unsure, and to avoid contradicting yourself later, do not hesitate to use phrases such as "it seems to me that", "I believe", or "as far as I can remember".
• Likewise, when you do not know the answer to a question or cannot remember something, you should say so (rather than making something up or trying to fill in the gaps).
• Finally, it is crucial to carefully review the official statement before signing it, with the assistance of your lawyer.

Your Criminal Defense with Maître Lois Pamela LESOT

Are you (or one of your relatives) at risk of being, or have you been, placed in police custody?
Consult a lawyer: Maître Lois Pamela LESOT – 06.52.02.54.42 – lesot@loispamelalesot.com

The firm provides legal assistance throughout criminal proceedings, including in cases involving appearance on prior admission of guilt or applications for the expungement of criminal records.

Article date: 4 April 2023 – updated on 17 March 2025 | By Lois Pamela LESOT