Police custody (garde à vue) is a measure by which a suspected person is held by investigators for the purposes of an inquiry. It is strictly governed by law, which provides for a set of rights intended to protect the person concerned.
Duration
Police custody may not, in principle, exceed 24 hours. It may be extended by a further 24 hours with the authorisation of the competent magistrate, and special regimes exist for certain offences. Any extension must be justified.
Notification of rights
From the very start of the measure, the person must be informed, in a language they understand:
- of the nature and presumed date of the offence;
- of their right to have a relative and their employer notified;
- of their right to be examined by a doctor;
- of their right to be assisted by a lawyer;
- of their right to remain silent.
Assistance of a lawyer
A person held in police custody may request the assistance of a lawyer from the very start of the measure. The lawyer may speak with them confidentially and assist them during questioning and confrontations. Their presence is an essential safeguard for the rights of the defence.
The right to remain silent
No one is required to incriminate themselves. The person may choose to answer questions, to answer them in part, or to remain silent. This choice can usefully be discussed with the lawyer.
This article is intended for general information on the state of the law and does not constitute legal advice. In the event of police custody, the assistance of a lawyer may be requested without delay. Contact the firm.