Electronic bracelet during house arrest
Verified 31 December 2024 - Directorate for Legal and Administrative Information (Prime Minister)
House arrest with electronic surveillance (ARSE: titleContent) called "electronic bracelet" is a 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: titleContent) is a measure involving deprivation of liberty, it shall be treated as 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: titleContent if the court 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 JLD: titleContent without having to obtain the agreement of the person indictment.
It may also be delivered on request of the accused and his lawyer. In the case of pretrial detention, the detainee or his lawyer may apply for release on bail ARSE: titleContent by the judge as alternative to detention.
To make the placement under ARSE: titleContent or ordered, several elements must be present:
- The person must be indictment
- This is justified by the needs of the investigation
- The major shall be liable to imprisonment for a term of at least two years or minor from the age of 16 years shall be liable to a prison sentence of at least 3 years
- The Prison Integration and Probation Service (SPIP: titleContent) has verified its technical feasibility (telephone network coverage, electricity, etc.).
L'ARSE: titleContent 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: titleContent. It enters the JLD, which can decide on this placement.
L'ARSE: titleContent may be pronounced in the following proceedings:
- Summons by minutes before the court
- Immediate appearance if the court cannot meet on the same day
- Delayed appearance.
Please note
The public prosecutor may refer a request for placement in custody to the juvenile judge (specialized judge). ARSE: titleContent for a under 16 years of age until the judgment hearing.
L'ARSE: titleContent 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, theARSE: titleContent may be carried out in an educational placement establishment or in the home of the 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 SPIP: titleContent.
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 JLD: titleContent.
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 as from the order placing ARSE: titleContent.
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 the facility, the judge may decide to revoke theARSE: titleContent 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 (SPIP: titleContent).
Compliance may be monitored by the following means:
- Phone Verification
- Visit to place of residence
- Summons to prison
- Summons to SPIP: titleContent.
The duration of the placement under ARSE: titleContent is different depending on whether it is ordered by the investigating judge or against the defendant awaiting trial.
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Indictment
L'ARSE: titleContent is ordered for a duration of 6 months. It is renewable three times for the same period. Renewal rollup cannot exceed 2 years.
Defendant
For a major, in the case of referral to the criminal court or the court of assize, the total duration of the ARSE: titleContent may not exceed 2 years, without the need to extend the placement every 6 months.
Placement under ARSE: titleContent can be ordered until the judgment hearing for a minor
The rules differ depending on theARSE: titleContent indictment was ordered against a person or an accused awaiting trial.
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Charged
The investigating judge may, at any time, modifiedr or endn on a scale
Modification of the measure
The investigating judge may modify, impose or delete one or more obligations:
- Amend an obligation (hours of presence at home...)
- 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 the notification. The call must be made by statement at the registry of the court that issued the decision.
Judicial Tribunal
FYI
Indictment At the end of a judicial inquiry, 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 removed to the criminal court, the accused remains under ARSE: titleContent 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.
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.
Warning
The request must be sent within 6 months which follow the final decision.
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