- You have the right to remain silent, to a lawyer and to a free interpreter.
- You can ask for your consulate and a person of your choice to be informed.
- If you have asked for a lawyer, police questioning should in principle not start before your lawyer arrives.
Police custody or voluntary interview: what is the difference?
| Police custody(« garde à vue ») | Voluntary interview(« audition libre ») | |
|---|---|---|
| Can I leave? | No, you are held at the police station | Yes, at any time |
| Duration | 24 hours, renewable | The time of the interview |
| Lawyer | From the very start | If the offence is punishable by imprisonment |
| Right to silence | Yes | Yes |
In both cases, you are a suspect. A voluntary interview is not a formality: everything you say is recorded and may be used later.
How long can I be held in police custody?
Initially up to 24 hours. The public prosecutor can extend this by another 24 hours, to a total of 48 hours. Longer periods are only possible for certain serious offences, such as organised crime or terrorism.
What are my rights in police custody?
Your rights must be read to you at the start of custody, in a language you understand:
the right to see a lawyer of your choice, or a duty lawyer, and to speak with them confidentially;
the right to remain silent, to make statements or to answer questions;
the right to have a person of your choice and your employer informed;
as a foreign national, the right to have your consulate informed;
the right to be examined by a doctor;
the right to know the nature, date and place of the alleged offence.
Since 2024, if you have asked for a lawyer, no interview can in principle begin without them. If your chosen lawyer cannot come quickly, a duty lawyer is appointed. Only exceptional circumstances, authorised by the prosecutor, allow the police to question you without waiting.
I do not speak French. What happens?
You are entitled to a free interpreter throughout custody and during interviews, and to a translation of the essential documents. Do not try to « manage » in French if you are not completely fluent: a misunderstanding can have serious consequences.
At the end of each interview, you will be asked to sign a written record in French. Read it carefully with the interpreter. You may refuse to sign a statement that does not reflect what you said; your refusal will simply be noted.
What happens at the end of police custody?
you may be released with no immediate action;
you may be released and summoned to appear in court at a later date;
you may be brought before the prosecutor, which can lead to an immediate trial (« comparution immédiate ») or a judicial investigation.
If you live abroad, the court may impose conditions before letting you return home. A lawyer can present guarantees on your behalf (address, employment, return ticket) and, where possible, arrange for you to be represented at the hearing rather than having to stay in France.
A family member has been arrested in France. What can I do?
You will not be allowed to visit or speak to them during custody. You can, however, instruct a lawyer to assist them, and contact your country's nearest consulate, which for the Riviera is often in Marseille. Have their full name, date of birth and, if possible, the police station where they are held.
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This guide provides general information on French law. It is not a substitute for advice on your individual situation.