Custody

Initial Duration

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

The beginning of police custody is when the suspect is held, sometimes forcefully, by the OPJ. For example, the suspect is prevented from leaving the premises of the judicial police.

He must be informed immediately of his detention. But the information can be provided later, if the situation does not allow it at the time the police custody begins.

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 achieve one of the objectives that allowed for the initial detention, namely:

• Continue an investigation with the presence of the suspect
• Ensuring the person's presentation to justice
• Prevent the destruction of clues
• Preventing consultation, that is, a conversation with accomplices
• Prevent pressure on witnesses or victims
• Stop the current infringement

The initial period of police custody may be increased by 24 hours (48 hours in total). This extension shall be decided by the public prosecutor in the event of of investigation into flagrancy or preliminary investigation or by the investigating judge in the context of a judicial inquiry.

Before this extension, the suspect in custody may be heard by the competent magistrate. It can be heard in court or by video conference.

For serious offenses, police custody may be extended to a total of 72 hours (or 96 and 144 hours in cases of drug trafficking, terrorism, etc.). 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.

Notifications of rights

The judicial police officer (OPJ) must inform the person in custody immediately and in a language he understands of the following:

• Commencement of police custody, duration and possibility of extension of initial detention
• Offense which it is suspected of having committed, date and place of it presumed to have been committed
• Aims of police custody
• Right to be examined by a doctor
• Right to have a relative (only one), his employer and, if he is a foreign national, notified by telephone to the consular authorities of his country
• Right to be assisted by a lawyer, chosen by her or official clerk, from the beginning of police custody
• Right to be assisted by an interpreter
• Right to remain silent, to make statements or to answer questions from the OPJ
• Right to submit observations to the magistrate, who may extend police custody
• Right to read, at the latest before any extension of police custody, the minutes indicating the start of police custody, the interrogation reports. If it exists, he can also read the medical certificate drawn up by the doctor who came to examine it in the premises of the judicial police.

Right to contact with a family member and an employer

The suspect has the right to have a relative notified of his detention. Only one relative can be notified from the following list:

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

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.

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 counsel

Suspects in police custody may request the assistance of a lawyer from the outset of police custody. He shall appoint a lawyer he knows or ask for a lawyer official clerk.

If the suspect in custody asks for a lawyer, his 1^era The hearing must begin in the presence of the defendant unless the hearing relates solely to the defendant's identity. If two hours have elapsed since the lawyer's contact and the lawyer has not arrived on the spot, the hearing may still take place. The magistrate in charge of the case (judge or public prosecutor) may authorize an immediate hearing.

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

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

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

The lawyer can 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. The OPJ may object only if they are such as to prevent the proper conduct of the investigation.

Counsel may also make submissions in which he may note the questions denied. These observations shall be attached to the procedure.

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

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 done by an OPJ of the same sex as the person being searched and in an enclosed 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).

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