# Understand the potential duration of the custody Source: https://www.ouaknine-avocats.com/en/publications/guide-de-survie-en-garde-a-vue-episode-3-comprendre-la-duree-potentielle-de-la-mesure #### 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**](https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000047052819)**.** - 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.**](https://www.ouaknine-avocats.com/en/articles/c320d229-c35d-416c-b1d2-b9eb082937ba) #### _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.). ## Survival Guide to Police Custody in France - [Survival Guide to Police Custody in France - Episode 1: Know your rights](https://www.ouaknine-avocats.com/en/publications/guide-de-survie-en-garde-a-vue-episode-1-connaitre-ses-droits) - [Survival Guide to Police Custody in France - Episode 2: Understand why you're here.](https://www.ouaknine-avocats.com/en/publications/guide-de-survie-en-garde-a-vue-episode-2-connaitre-les-raisons-de-son-placement) - [Survival Guide to Police Custody in France - Episode 3: Understand the potential duration of the custody](https://www.ouaknine-avocats.com/en/publications/guide-de-survie-en-garde-a-vue-episode-3-comprendre-la-duree-potentielle-de-la-mesure) - [Survival Guide to Police Custody in France - Episode 4: Request the assistance of a lawyer](https://www.ouaknine-avocats.com/en/publications/guide-de-survie-en-garde-a-vue-episode-4-demander-a-beneficier-de-l-assistance-d-un-avocat) - [Survival Guide to Police Custody in France - Episode 5: Know the possible outcomes of police custody](https://www.ouaknine-avocats.com/en/publications/guide-de-survie-en-garde-a-vue-episode-5-connaitre-les-issues-possibles-a-la-garde-a-vue) ## Pages - [The Firm](https://www.ouaknine-avocats.com/en): home page: the practice in one sentence and its three main fields - [The firm and Alice Ouaknine](https://www.ouaknine-avocats.com/en/about): the firm, Alice Ouaknine's background, working languages - [Expertise](https://www.ouaknine-avocats.com/en/expertise): every field of practice - [Publications](https://www.ouaknine-avocats.com/en/publications): the firm’s own writing, including the police-custody survival guide, and the press articles that quote it - [Contact](https://www.ouaknine-avocats.com/en/contact): address, phone, mobile and email - [ISKA network](https://www.ouaknine-avocats.com/en/iska): the network of independent attorneys the firm belongs to - [Legal Terms](https://www.ouaknine-avocats.com/en/legal): legal notice and cookie policy --- Ouaknine Law Firm, 17 rue de Douai, 75009 Paris, France. +33 (0)1 84 16 20 35. cabinet@ouaknine-avocats.com https://www.ouaknine-avocats.com/en/llms.txt · https://www.ouaknine-avocats.com/sitemap.xml