inform “the parents, guardian, person or department to which the minor is entrusted”54, and similarly, when the police custody comes to an end, they have to hand the child over to a person who has custody of the child and possesses parental authority55. This handover cannot take place instantly. A more or less long period of time passes between the end of the detention and the arrival of the adult. The responsibilities and practical details involved during this period need to be clarified. Other periods of this kind exist. Thus, when police custody comes to an end and the person is brought before the State Prosecutor’s Office, between the opening of the cell and effective appearance before a judge, a certain period of time may pass. This difficulty was broadly resolved by article 803-3 of the Code of Criminal Procedure as far as law court cells are concerned56. The Constitutional Council is careful to specify “that the period between the end of police custody and the time of the person’s appearance before [the public prosecutor at a court of first instance] is placed” under the control of the latter57. The same applies to foreigners who, at the end of a period of being “held” (and before police custody) are taken to a detention centre for illegal immigrants: the time that separates the one from the other is uncertain. But the habit is established of informing them of the rights attached to detention of illegal immigrants and asylum seekers due to be deported as soon as the holding period comes to an end so that, legally speaking, the person concerned may be considered as being detained as an illegal immigrant. The time that passes at the end of police custody of children poses the double question of responsibility (and control) and the practical details of how the child is taken care of. Until the parent – or tutor – has arrived, it appears impossible to imagine that either of them might be responsible for the child. Admittedly, they exercise parental authority but, at the same time, within the police station, the child is subject to the will of the officers by whom it is detained. Responsibility for any threat to the child’s well-being caused by a third parties is obviously incumbent upon the officers. In this sense, it may be said that after the ending of police custody, the minor remains “under the control” of the officers, until their effective handover to a holder of parental authority. The practical details are left too much to the discretion of the officers present and the situations observed vary considerably. A minor has been found handcuffed to a bench, after the end of police custody, in a waiting room, near the guard room, used as a waiting area for all newly arriving persons taken in for questioning by the service. Such situations are not acceptable, especially for periods of time that cannot be determined in advance by the officers. On the other hand, the latter obviously have to ensure that the children are present, and prevent attempts at running away which could place them danger. A balance has to be found between real constraint and the fact that police custody has ended. With regard to this sensitive issue, central directives thus need to be sent to the departmental police administrations in order to clarify the conduct that officers should adopt. 54 II of article 4 of the statutory instrument (ordonnance) of 2nd February 1945 concerning juvenile delinquency. Although this method of procedure is not formalised in any text. 56 But not as far as jails are concerned, which are still awaiting a suitable statutory prescription, as the Contrôle Général previously pointed out three years ago (Rapport d’activité for 2010, p. 49). 57 Decision no. 2011-125 prev., consid. 8. 55 51

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