Police custody in France (garde à vue): how long it lasts and what your rights are

Only a judicial police officer (officier de police judiciaire) can place a person in custody, either on his own initiative or on the instructions of the public prosecutor, who must be informed from the start (article 63 of the French code of criminal procedure).

Custody cannot exceed 24 hours. It can be extended once, for a further 24 hours at most, on the written and reasoned authorisation of the prosecutor. The extension is only possible if the suspected offence is punishable by at least one year's imprisonment and if extending the measure is the only way to achieve one of the purposes the law sets out. The prosecutor may require you to be brought before him first, which can be done by video link (same article).

The clock starts when you were actually deprived of your liberty. If you were arrested or held before being formally placed in custody, the time runs from that moment. If custody immediately follows an interview, it runs from the start of the interview. Any earlier period of custody for the same facts is deducted (same article).

Special regimes, with longer durations, apply to some serious offences such as organised crime. Your lawyer will tell you whether they apply to you.

You must be informed immediately, in a language you understand, of:

• the fact that you are in custody, how long it can last and the extensions it may be subject to;
• the offence you are suspected of, with its presumed date and place, and the grounds for holding you;
• your rights, listed below (article 63-1).

If you do not understand French, your rights must be notified to you by an interpreter, where appropriate after you have been handed a form for immediate information. You must also receive a written document setting out your rights in a language you understand, which you may keep throughout your custody (articles 63-1 and 803-6). Our page on your right to an interpreter explains this in detail.

A relative, your employer and your consulate

You can ask for a person you live with, a close relative or any other person you name to be informed by telephone. You can also have your employer informed. If you are a foreign national, you can have the consular authorities of your country contacted. Unless there are insurmountable circumstances, which must be recorded, the police must act on your request within three hours (article 63-2).

The prosecutor can decide, in limited cases, to delay or refuse the notice to a relative or employer. Beyond 48 hours of custody, however, such a delay can no longer be maintained where the notice concerns the consular authorities, and the police cannot refuse a request to communicate with the consulate beyond the 48th hour (same article). A consulate can help with practical matters and with your family. It does not act as your defence lawyer.

A doctor

You can ask to be examined by a doctor, and again if custody is extended. Here too the police must act within three hours of your request, except in insurmountable circumstances. A member of your family can also ask for you to be examined (article 63-3).

A lawyer

From the very start of custody, and at any time during it, you can ask to be assisted by a lawyer you choose or by a duty lawyer (avocat commis d'office). A relative you asked the police to contact can also name a lawyer for you, but you must confirm the choice. If the lawyer you named cannot be reached, or cannot come within two hours, the police contact the head of the bar so that a duty lawyer is appointed (article 63-3-1).

Your lawyer can speak with you in confidence for up to thirty minutes, and again at the start of any extension (article 63-4). The lawyer can read the record of the notification of your rights, the medical certificate and the records of your interviews, and can take notes but not copies (article 63-4-1).

You can ask for your lawyer to attend your interviews. In that case you cannot be questioned about the facts without the lawyer present, unless you expressly waive this right (article 63-4-2). The lawyer's presence can be postponed only exceptionally, by a written and reasoned decision, for a limited time. At the end of each interview, your lawyer can ask questions and can submit written observations, which are added to the file (article 63-4-3).

The right to remain silent

During interviews, after giving your identity, you have the right to make statements, to answer the questions put to you or to remain silent (article 63-1). Whether to speak, and what to say, is a decision to take with your lawyer.

Observations on an extension

Before any extension, you can consult certain documents of the file and present observations to the prosecutor asking for custody to end (same article).

Not every interview at a police station is custody. In a voluntary interview (audition libre), you are not held: you have the right to leave the premises at any time. You must be informed of the offence, of your right to an interpreter where appropriate, of your right to remain silent and, if the offence is punishable by imprisonment, of your right to be assisted by a lawyer (article 61-1). See our French glossary entry on the audition libre.

1. Say clearly, at the start, if you do not understand French well, and ask for an interpreter.
2. Ask for a lawyer straight away. If you know our firm, give our name and telephone number: +33 4 22 13 03 54.
3. Ask for your consulate to be informed if you are a foreign national.
4. Do not sign a statement you could not read, or that was not read back to you in a language you understand.
5. Keep the document setting out your rights: it is yours.

Custody can end in release without further action, a summons to appear later in court, an immediate trial, or another outcome. Our French pages explain what happens after custody and what to do during custody. Our page for people arrested or charged in France gives an overview, including judicial supervision and travel restrictions.

Our firm is a criminal defence practice registered with the Nice bar. We act in Nice, usually before the court of Grasse, and anywhere in France. We assist people in custody and at every later stage of the case. Our firm works mainly in French: if you do not speak French, tell us when you contact us and we will arrange for an interpreter. You can read our fees page, in French.

How long can the police hold me in France?

In principle 24 hours, extendable once for a further 24 hours on the prosecutor's written authorisation, in the cases set out by law. Longer regimes exist for some serious offences.

Can I call my family?

You can ask the police to inform a relative or another person you name, and your employer. The police must act within three hours unless there are insurmountable circumstances. In limited cases the prosecutor can delay this notice.

Will my consulate be informed?

If you are a foreign national and you ask for it, yes. A delay is possible in limited cases, but not beyond 48 hours where the consulate is concerned.

Can I have a lawyer during the interview?

Yes, if you ask for one. You cannot then be questioned about the facts without your lawyer, unless you waive this right or a postponement is exceptionally authorised.

Do I have to answer questions?

No. You have the right to make statements, to answer or to remain silent.

What if I do not speak French?

You are entitled to be informed in a language you understand, with an interpreter where needed. Our firm works mainly in French and will arrange for an interpreter if you need one.

The code of criminal procedure is to be reorganised from 1 January 2029 by ordinance no. 2025-1091 of 19 November 2025. The article numbers above are those in force on 5 November 2026.