Criminal Procedure FAQ 2026: Police Custody and What Follows

A police custody placement (garde à vue) can upend your daily life within a few hours. Between fundamental rights, complex procedures and potential consequences, it is essential to understand how this coercive measure works and what may follow. Here are the answers to the most frequently asked questions about French criminal procedure.

What is police custody (garde à vue) and when can it be ordered?

Police custody is a coercive measure allowing the judicial police to hold a person suspected of having committed, or attempted to commit, a felony or a misdemeanour punishable by imprisonment. This procedure may only be used where absolutely necessary for the purposes of the investigation.

The legal conditions for police custody are strictly regulated. It may only be ordered if the offence is punishable by at least one year of imprisonment or if it is a flagrant offence. The judicial police officer (officier de police judiciaire) must justify the measure on one of the following grounds: to allow investigations to be carried out, to preserve evidence or material clues, to prevent pressure being put on witnesses or victims, to avoid fraudulent collusion between suspects, or to ensure that the person is made available to the judicial authority.

The decision to place a person in police custody lies exclusively with a judicial police officer. The measure must be recorded immediately in a report stating the grounds justifying the custody, the start time and the rights notified to the person.

What is the maximum length of police custody?

The basic length of police custody is 24 hours from the moment the person was deprived of liberty. It may be extended once for a further 24 hours, a maximum of 48 hours, with the written authorisation of the public prosecutor (procureur de la République).

Special durations apply to certain particularly serious offences. In cases of organised crime, drug trafficking or terrorism, police custody may last up to 96 hours, with successive extensions authorised by the judge of liberties and detention (juge des libertés et de la détention).

Authorisation of an extension is never automatic. The public prosecutor or the judge of liberties and detention must ensure that the initial conditions for police custody are still met and that the extension remains necessary for the purposes of the investigation.

It is important to note that the time count starts from the actual deprivation of liberty, even if the formal notification of police custody comes later.

What are the fundamental rights during police custody?

The rights of a person in police custody are notified immediately, in a language they understand. These rights include in particular the assistance of a lawyer, information on the nature and presumed date of the offence, a medical examination, and the possibility of having a person of their choice informed.

Assistance from a lawyer is a fundamental right that may be exercised from the very start of police custody. The lawyer may speak confidentially with the client for 30 minutes before the first interview, and again before each extension. The lawyer may also attend interviews and confrontations, and consult the report recording the placement in police custody and the statements of the interviews.

The right to a medical examination may be exercised automatically, or at the request of the person, their lawyer or their family. The doctor checks that the person's state of health is compatible with continued police custody and may record any signs of violence.

Notification of a relative makes it possible to inform a person of the individual's choice of the police custody measure. This notification may be deferred in certain cases, in particular to protect the needs of the investigation, but may not exceed 24 hours except in exceptional circumstances.

What happens at the end of police custody?

When police custody ends, several decisions may be taken depending on how the investigation has developed and the evidence gathered. The person may be released without charge if the evidence does not justify continuing the proceedings.

Release subject to conditions may also be decided. The person remains free but must comply with certain obligations: reporting to the police station, a ban on leaving the country, surrender of the passport, or a ban on contacting certain persons.

The public prosecutor may also decide to bring proceedings in several ways. A summons by report (convocation par procès-verbal) fixes a hearing date before the criminal court (tribunal correctionnel). A direct summons (citation directe) is another form of immediate prosecution before the competent court.

In the most complex cases requiring in-depth investigation, the public prosecutor may refer the matter to an investigating judge (juge d'instruction). This referral opens a judicial investigation (information judiciaire), allowing further investigative steps under the supervision of the judge.

What is a formal investigation placement (mise en examen) and when does it occur?

A mise en examen is a legal act by which an investigating judge informs a person that there are serious or concordant indications that the person took part in the commission of a felony or a misdemeanour. It can only take place within a judicial investigation opened by the public prosecutor.

The conditions for a mise en examen are strictly regulated by law. The investigating judge may only take this decision after gathering sufficient evidence suggesting that the person took part in the acts complained of. This evidence must be serious and concordant, going beyond mere suspicion.

A mise en examen comes with specific rights for the person concerned. The person may ask for certain investigative steps to be carried out, have witnesses heard, request an expert report, or request a site visit. Assistance from a lawyer is mandatory from the first appearance before the investigating judge.

This procedure is not a conviction but a stage in the investigation allowing inquiries to be taken further. A person under mise en examen has the benefit of the presumption of innocence and may rely on any means of defence.

In what cases can a person be placed in pre-trial detention?

Pre-trial detention (détention provisoire) is an exceptional measure depriving a person of liberty, ordered by the judge of liberties and detention against a person under mise en examen. It may only be ordered as a last resort, where judicial supervision (contrôle judiciaire) proves insufficient.

The conditions for pre-trial detention vary with the seriousness of the offences. For misdemeanours, it is only possible if the offence is punishable by at least three years of imprisonment. For felonies, no minimum threshold is required, but the other conditions must be met.

The judge must justify pre-trial detention on one of the statutory grounds: to preserve evidence or material clues, to prevent pressure on witnesses or victims, to avoid fraudulent collusion, to protect the person under mise en examen, to ensure that the person remains available to the justice system, to put an end to the offence or prevent its repetition, or to preserve public order.

The decision to place a person in pre-trial detention must be specially reasoned. The judge of liberties and detention must show that this measure is the only means of achieving the objective pursued and that no other, less restrictive measure can suffice.

How can police custody or its consequences be challenged?

Several routes of appeal make it possible to challenge the regularity of police custody or the decisions taken at its end. These remedies aim to protect fundamental rights and to ensure that the legal procedure is followed.

The nullity of police custody may be raised if the legal conditions have not been complied with: lack of reasons, breach of the rights of the defence, or failure to respect the maximum durations. This nullity must be raised before the competent court in accordance with precise rules and time limits.

Appeal is the ordinary remedy against decisions of the judge of liberties and detention. The person under mise en examen, their lawyer, or the public prosecutor may appeal within 24 hours. The investigating chamber (chambre de l'instruction) then rules as soon as possible.

The liberty summary procedure (référé-liberté) also makes it possible to challenge certain measures depriving a person of liberty before the First President of the court of appeal. This urgent procedure targets serious and manifestly unlawful infringements of individual liberty.

What are the long-term consequences of police custody?

Police custody, even if followed by release without charge, can have lasting repercussions on the personal and professional situation of the person concerned. These consequences should be anticipated and the available remedies understood.

Registration in the criminal records processing file (traitement des antécédents judiciaires, TAJ) takes place automatically on police custody. This entry may appear in certain administrative inquiries, in particular for obtaining professional authorisations or residence permits.

The professional impact may be significant depending on the activity carried on. Certain regulated professions impose an obligation to declare criminal proceedings. The employer may also learn of the police custody in certain contexts.

A request for erasure of personal data may be made to the public prosecutor if no proceedings have been brought. The request must state reasons and show that there is no justification for keeping this information in the files. For content published online reporting on criminal proceedings, the steps for removal and de-indexing are set out in our article on the right to be forgotten.

French criminal procedure offers important safeguards, but its complexity calls for appropriate legal support. As each situation is unique, it is strongly recommended to consult a lawyer who practises in criminal law to analyse your file and determine the most appropriate defence strategy. Prompt action can often prevent the situation from worsening and protect your fundamental rights.