If you or someone close to you has been placed in police custody in France (garde à vue), the first few hours matter.
French police custody is a specific legal procedure. It is not identical to police custody in the United States, the United Kingdom or other common-law systems.
For foreign nationals, additional issues may arise: the right to an interpreter, contact with your consulate, the consequences of having your residence abroad, and the risk of restrictions on your freedom to travel.
This article explains how garde à vue works in France, what your rights are and what you should expect after your release or before being brought before a magistrate.
1. What is a garde à vue?
A garde à vue is a measure depriving a person suspected of having committed or attempted to commit an offence of their liberty for the purposes of a criminal investigation.
It is governed principally by article 62-2 of the French Code of Criminal Procedure. Three conditions must generally be satisfied.
– Plausible grounds for suspicion. There must be one or more plausible reasons to suspect that the person has committed or attempted to commit an offence.
– A sufficiently serious offence. Police custody may be ordered in relation to a crime or a délit punishable by imprisonment. It does not apply to ordinary contraventions.
– Necessity. Custody must be necessary to achieve at least one of the objectives specified by law, such as continuing the investigation while keeping the suspect available, preventing the destruction of evidence, preventing pressure on witnesses or victims, preventing collusion with accomplices, ensuring the person’s appearance before a magistrate, or putting an end to an ongoing offence.
The measure is generally decided by a judicial police officer (officier de police judiciaire or OPJ), either on their own initiative or on the instructions of the public prosecutor (procureur de la République).
2. How long can police custody last?
The standard duration of a garde à vue is 24 hours.
Under the conditions provided by law, police custody may be extended for a further 24 hours, bringing the total duration to 48 hours.
Longer periods are possible under specific legal regimes, notably for certain forms of organised crime, drug trafficking and terrorism. In the most serious cases, custody may therefore last considerably longer than the ordinary 24-hour period.
The conditions for these extensions are strictly regulated.
3. Your rights as a foreign national
When police custody begins, the police must inform you of your rights, the offence you are suspected of having committed, the reasons for the measure and its expected duration.
If you do not sufficiently understand French, this information must be provided in a language you understand.
The right to an interpreter
If you do not have a sufficient command of French, you are entitled to the assistance of an interpreter in a language you understand.
This right is particularly important during police interviews. A statement made in a language you only partly understand may later be relied upon in court. You should not agree to be questioned in approximate French simply because it appears quicker or easier.
The right to contact your consulate
As a foreign national, you may request that the consular authorities of your country be contacted.
A consulate may, for example, check that you are being treated appropriately, contact or assist your family and provide information about local lawyers. However, a consulate does not act as your defence lawyer and cannot intervene in the criminal proceedings on your behalf.
If you wish to exercise this right, make the request expressly and ask that it be recorded.
The right to a lawyer
You may request a lawyer from the beginning of your police custody and at any time during the measure. You may choose your own lawyer or request the appointment of a duty lawyer (avocat commis d’office).
Since 1 July 2024, the presence of a lawyer during police interviews has been significantly strengthened. If you request a lawyer, you cannot normally be questioned on the facts without your lawyer being present, unless you expressly waive this right or a temporary delay is authorised under the strict conditions provided by law.
Before the first interview, your lawyer may meet you confidentially for up to 30 minutes. The lawyer may also:
- consult the documents to which access is provided at this stage of the proceedings;
- attend your interviews and confrontations;
- take notes during these interviews;
- ask questions at the end of an interview;
- submit written observations to be placed on the file.
One important point for foreign clients: your lawyer does not receive the complete investigation file during police custody. Access is limited to the documents provided for by law.
The lawyer’s role at this stage is therefore not simply to review the evidence. It is also to protect your procedural rights, monitor the legality of the measure, assist you during questioning and prepare the next stage of your defence.
The right to remain silent
You have the right to make statements, answer questions or remain silent. Your obligation is to provide information concerning your identity.
Remaining silent is not an admission of guilt. In a situation where you do not know the French procedure, do not have access to the full investigation file and may not speak French fluently, the decision whether to answer questions should be considered carefully with your lawyer.
Do not guess, speculate or attempt to explain facts you do not fully understand. Statements made during police custody may remain part of the case long after the custody itself has ended.
Informing a third party
Under the conditions provided by law, you may request that a relative, another person of your choice or, in certain circumstances, your employer be informed of your custody.
Medical examination
You may request a medical examination during police custody. A doctor assesses whether your physical or psychological condition is compatible with the measure, and a medical certificate may be placed in the proceedings.
4. What happens when police custody ends?
When the garde à vue ends, the public prosecutor or, where appropriate, an investigating judge decides what happens next.
You may be released
Release does not necessarily mean that the proceedings are over. Depending on the circumstances, you may:
- be released without further proceedings;
- receive a summons to appear before a criminal court;
- be offered an alternative procedure;
- be referred to a guilty-plea procedure (comparution sur reconnaissance préalable de culpabilité);
- be summoned to a later hearing.
You may be brought before a magistrate
If you are brought before a magistrate after police custody, this is known as a déferrement.
Depending on the circumstances, the prosecutor may decide to refer the case to the criminal court, including through an immediate trial (comparution immédiate), or to initiate another procedure.
If a judicial investigation is opened, you may appear before an investigating judge and be placed under formal investigation (mise en examen) or granted the status of assisted witness.
At this stage, measures such as judicial supervision, house arrest with electronic monitoring or pre-trial detention may be considered.
Boulet Avocat assists foreign nationals and non-residents involved in criminal proceedings in France, from the first hours of police custody through to trial, in French and in English. The criminal defence and international criminal law practices cover urgent intervention during a garde à vue, coordination with families abroad, and the preparation of what follows. Contact us for a first confidential discussion.
