Start with the child’s age and the exact measure
A child under 10 cannot be placed in either a special holding measure or police custody, although a voluntary police interview remains possible. From 10 to under 13, only an exceptional holding measure is available where the suspected crime or offence carries at least five years’ imprisonment and detention is necessary for a statutory purpose.
From age 13, police custody may be used for a suspected crime or offence punishable by imprisonment. Its initial duration is twenty-four hours. Extension rules differ for children aged 13 to under 16 and those aged 16 or 17, so the child’s age, potential sentence, judicial authorisation and presentation to the judicial authority must be checked in the records.
Rights to check from the outset
The child must receive information they can understand about the suspected offence, its presumed date and place, the duration of custody and their rights. The child may make a statement, answer questions or remain silent. Depending on the circumstances, safeguards also include an interpreter, a medical examination and separation from adults in custody.
Assistance by a lawyer is mandatory. If no lawyer is chosen, the local Bar must be asked to appoint one. Interviews during holding or police custody are normally audiovisually recorded; the lawyer can review notification of rights, timing and the conduct of interviews through the material made available by law.
Informing parents and accompanying the child
Legal representatives, or the service responsible for the child, are normally informed of the measure and of the right to a lawyer. Delaying that information is exceptional and must fall within the statutory grounds. Where parents cannot or should not receive the information, an appropriate adult may be designated.
A representative’s presence during questioning is not automatic: it must serve the child’s best interests and must not prejudice the proceedings. If summoned, the adult must attend. The adult supports the child but does not ask questions or make observations unless invited to do so by investigators.
Information the family can record and provide
It is useful to retain the police service’s details, the time the family was notified, the child’s exact age, the lawyer’s name and the next step announced. Any health issue, regular treatment, difficulty understanding French or other immediate need should be reported to the lawyer promptly.
The family should not rehearse an account of the allegations with the child during the measure. It can provide verifiable information instead: responsible adults’ details, address, current school or training, relevant medical or educational support and a practical plan for release.
Release, later summons or referral to a judicial authority
At the end of the measure, the child may be released into the care of legal representatives or the responsible service. The child may be summoned later or brought directly before a judicial authority after custody.
Where there is an immediate referral, decisions may follow quickly. The custody timeline, current information about the child’s living arrangements and practical accommodation or support proposals should be ready before the later hearing is prepared.
Discuss your situation
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Frequently asked questions
Can a child under 13 be placed in police custody?
No. A child aged 10 to under 13 may only be placed in the separate holding measure under strict statutory conditions; under age 10, neither form of detention is available.
Must a child have a lawyer during the measure?
Yes. A child must be assisted by a lawyer; if no lawyer is chosen, the local Bar must be asked to make an appointment.
Can a parent be present during the interview?
Only where the authority considers that adult support serves the child’s best interests and will not prejudice the proceedings. A summoned adult accompanies the child without intervening unless invited.