Electronic bracelet during house arrest

Verified 30 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The measure of house arrest with electronic surveillance (ARSE) or "electronic bracelet" is a solution alternative to pretrial detention. The court can thus force the person to live in a specific place, with a bracelet with a transmitter connected to an alarm. We present you the information you need to know about the subject.

House arrest with electronic monitoring (ARSE) is an alternative to pretrial detention.

It can be decided by a judge when a person is indictment in a judicial inquiry.

The public prosecutor may also request house arrest with electronic surveillance, against the defendant awaiting trial.

Charged

The ARSE is ordered by the investigating judge or the Judge of Liberties and Detention (JLD) on their initiative or at the request of the accused and his lawyer.

For placement under ARSE to be ordered, several elements must be present:

  • The person must be indictment
  • This is justified by the needs of the investigation
  • As security measure if the obligations of the judicial review are insufficient
  • The sentence the person faces is a prison sentence of at least 2 years
  • The technical verification by the Prison Service of Insertion and Probation (SPIP) must be done (coverage of the mobile network and electricity).

The ARSE is ordered for a period of 6 months. It is renewable three times for the same period, without the total duration of the investment exceeding two years.

If the accused is remanded in custody, he can request his release on ARSE by the judge as alternative to detention.

Warning  

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, in the context of a judicial review.

Defendant

Before the trial before the criminal court, the public prosecutor may request the placement of the defendant under ARSE. It refers the case to the Judge of Liberties and Detention (JLD), who can decide on the placement.

ARSE may be pronounced in the following procedures:

The court may order placement under ARSE until the date of referral. In this case, it postpones sentencing when it is useful to order further investigations into the accused's personality (material, family and social situation).

The ARSE may be supplemented by the obligations which are possible in the event of judicial review (ban on visiting certain places, meeting certain people, taking care...).

Warning  

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, in the context of a judicial review.

The bracelet must be placed within a period of 5 days from the order for placement in ARSE.

The bracelet is placed with the consent of the person. 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.

ARSE is a pre-trial detention for its entire duration: it is a deprivation of liberty.

For a minor, the ARSE may be performed in an educational placement establishment or at the home of the legal representative of the minor (with his agreement).

The monitoring and follow-up of the ARSE measure is carried out by the Penitentiary Service for Integration and Probation (SPIP).

Who shall I contact

Compliance may be monitored by the following means:

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

Release or alteration of the electronic bracelet may be ordered by the judge or requested by the person or his lawyer.

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At the request of the judge

The judge may at any time:

  • Order the release of the electronic bracelet placement order
  • Replace the measure with judicial review
  • Temporarily waive an obligation
  • Change home attendance times
  • Edit, add, or delete an obligation.

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

If the person is referred to the Assize Court, the accused stay on ARSE until the hearing.

At the request of the person or his or her lawyer

The person or his or her lawyer may at any time request:

  • Release of the electronic bracelet placement measure
  • Replacing the measure with judicial review
  • Temporary waiver of one or more obligations
  • Changing home attendance schedules
  • The modification or deletion of an obligation.

The judge shall give his decision within 5 days by reasoned order. The decision may be appealed within 10 days that follow the notification by statement at the registry.

Who shall I contact

If the judge has not given his decision within the time limit of 5 days, the person or his lawyer may refer the matter directly the chamber of investigation of the Court of Appeal, which shall 20 days. Otherwise, the electronic placement measure is lifted.

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

If the person is referred to the Assize Court, the accused stay on ARSE until the hearing.

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 judge or the public prosecutor.

The person can be placed in pretrial detention by decision of the JLD.

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 of the set hours, a 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 is transmitted to the judge, the public prosecutor and the SPIP.

Warning  

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

Placement under an electronic bracelet is an alternative to pre-trial detention. It shall be deducted in its entirety from the length of the sentence imposed, whatever the stage of the proceedings.

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.

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