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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents