Your rights in French police custody: complete guide

From the moment custody is notified, the judicial police officer must inform you of your right to remain silent. This silence cannot be held against you: it is neither an admission nor evidence of guilt.

In practice, the rule of caution is simple: wait for the attorney before any statement. A word spoken alone, under the stress of arrest, can compromise the entire subsequent defence — and statements made in custody remain on file throughout the proceedings.

You have the right to be assisted by an attorney of your choice from the very first hour of custody. If you have no attorney, a court-appointed attorney may be designated by the Bar — the criminal duty roster of the Metz Bar operates 24/7.

The attorney can:

• Meet you confidentially for 30 minutes before each interview (art. 63-4 CPP)
• Review the interview reports, medical certificate, and notification of rights record
• Attend all interviews and confrontations
• Ask questions at the end of each interview
• File written observations on the record

You may request a medical examination at any time during custody. The examination is of right: it cannot be refused. The doctor assesses whether your health is compatible with the measure and may prescribe treatment.

In case of extension, a new medical examination is mandatory at your request.

You may have someone notified by phone within 3 hours:

• A family member (parent, child, spouse, partner, PACS partner)
• Your employer
• If you are a foreign national, your country's consular authorities

This right may be deferred by the prosecutor for the needs of the investigation (8h maximum, 12h for organised crime).

If you do not sufficiently understand French, a sworn interpreter must be appointed free of charge to assist you throughout the measure, including during meetings with your attorney.

At the end of the 24 or 48 hours:

• Release without prosecution (dismissal or ongoing investigation)
• Summons before the court (at a later date)
• Deferral to the prosecutor and presentation, who may decide on an immediate appearance, plea bargaining (CRPC), opening of a judicial investigation, or pre-trial detention after debate before the liberty and custody judge