Survival Guide to Police Custody in France - Episode 3: Understand the potential duration of the custody

Right to be informed of the duration of the police custody

When the detainee is notified of his or her rights, he or she must also be informed of the duration of the measure, as well as of any potential extensions.

Initial duration: 24 hours

Police custody is normally ordered for 24 hours.

This period begins as soon as the detainee is arrested, i.e. as soon as he or she is deprived of liberty.

Extension of the custody

In certain cases, however, police custody may be extended, subject to certain conditions:

• If the detainee is suspected of having committed an offence punishable by at least one year's imprisonment, the custody may be extended by a further 24 hours, with the written authorization of the judge (public prosecutor or investigating judge). The custody therefore lasts 48 hours.

• For some serious crimes, police custody may be extended by two further 24-hour periods, bringing the total duration of the measure to 96 hours.

• This is the case, for example, with drug trafficking, which covers possession, purchase, importation, transportation, offer and supply.
• The full list of relevant offences can be found in article 706-73 of the French Code of Criminal Procedure.
• These extensions are authorized, by a written decision, either by the judge for liberty and detention, or by the investigating judge.

• If the detainee is suspected of having committed an act of terrorism, the 96-hour period of police custody may be extended by a further 48 hours by decision of the judge for liberty and detention, for a total duration of 144 hours (i.e. 6 days).

Rights during the extension of custody

Each time the 24-hour period is extended, the detainee is notified of his or her rights, and has the opportunity to exercise them again.

The detainee may also request to avail himself or herself of a right for the first time when notified of the extension of his custody.

To read more about your rights during police custody, consult the Survival Guide to Police Custody in France - Episode 1: Know your rights.

In practice:

Understand who makes the decisions

While police officers must be able to inform you of the maximum legal duration of your police custody, they do not decide on any extensions.

Only a Judge (Public Prosecutor, Investigation Judge, Judge for Liberty and Detention) can make this decision.

Don't expect a decision at night

No decision is usually taken between 7pm and 7am, either to extend, or to end police custody, as the judge’s offices only deal with "emergencies" at night.

Make observations in case of extension

During your interviews, you may be asked: "Do you have any observations to make in case of extension of the police custody?"

To answer this question, you should mention any difficulties you may have with the way the measure is being carried out (detention living conditions, respect for your rights, possible issues with policemen, etc.), and indicate any personal or professional obligations that may be affected by an extension of the measure (doctor's appointments, childcare, work schedules, etc.).