Without wishing to go into the details of a question which has already been expanded upon in
depth in a previous report 95, it should be mentioned that no improvement whatsoever has been
observed in this area.
On the one hand, in police departments in particular, there is a trend towards
proliferation of the number of registers, due to the fact that (for reasons of time) each
department has their own, which does not prevent the frequent occurrence of sections being
completed after the event, as well as the taking of signatures from persons in police custody at
the outset, in particular at the bottom of the second page of the register where the stages of the
measure are recorded until discharge.
On the other hand uncertainties remain with regard to procedures, in at least two areas:
that of persons who are firstly put in a cell for sobering-up and, having recovered their sobriety,
are then placed in police custody (in gendarmerie registers they may be recorded in two different
parts); as well as persons who are placed in police custody facilities for the purpose of
investigations, who are transferred to spend the night in other, more centralised, premises 96.
Finally there are often serious oversights and omissions. Failure to record the date and
time at which police custody comes to an end, for example, obstructs checks with regard to the
duration thereof. Although, among professionals, it is often (wrongly) pointed out that the
information contained in reports makes it possible to make up for gaps in the registers, the
Contrôleur général has had occasion to observe in a least one scenario of this kind, in a police
station in the South of France, that such was not the case, notwithstanding subsequent ministerial
denials on the subject.
2.4 Prisons
2.4.1 Background details
2.4.1.1. Public Policies
The volume and composition of the prison population are determined,
amongst other factors, by crime policy and prison policy. Furthermore, both
of these areas of policy underwent changes in 2012.
As far as crime policy is concerned, the Minister of Justice issued a circular of 19 th
September 2012 97 with the intention, on the one hand, of defining new relations between the
Central Administration of the Ministry of Justice and the State Prosecutor’s Office and, on the
other hand, while to a certain extent immediately applying the principles behind these relations,
of giving directions to Principal State Prosecutors and prosecutors for dealing with offences and
the persons who commit them. In this regard, the circular admittedly confines itself to existing
law; it could hardly have done otherwise. Moreover, as a subsidiary question, it mentions future
legislative changes. In the meantime, the circular is based upon provisions prioritising alternatives
to imprisonment such as reduced sentencing98.
95
Report for 2008, op. cit., section 3, p.45 et seq.
The police proceed in this manner in all large cities possessing secondary police stations.
97
th
Journal officiel of 18 October 2012. This circular has already been mentioned above (page 12) with regard to the
assessment concerning partial release.
98
It has already been shown (report for 2010) that changes to legislation on reduced sentencing were made in a
somewhat erratic manner over a ten-year period, alternating between very liberal laws (the “Perben II” Act of 2004
and the Prison Act of 2009) and much more restrictive laws (2005,2007).
96
47
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