Similarly, in case of compulsory referral to the liberty and custody judge, legal
representatives, guardians and conservators are notified, have access to the proceedings and can
speak in the hearing. In one court, the inspectors ascertained that a judge asked guardians to send
a written opinion of the condition of adult wards and of the usefulness of the measure.
Guardians and conservators do not intervene to choose lawyers, pass on information to
or meet the latter before hearings.
Adults may also appoint a “trusted legal representative” 239 in order to take part in medical
interviews and help them to make decisions. The doctors encountered almost unanimously affirm
that “this institution is not suitable for psychiatry”. They implicitly acknowledge that they do not
always give this information to the patient but nevertheless receive third parties, family, trusted
legal representatives, when the patient’s interest – as assessed by themselves – so requires and the
patient agrees to the interview.
1.2 The use made of the information provided depends upon its content and
the way in which it is passed on
Persons deprived of liberty must be notified of their rights in order for the time allowed for
appeal to begin to run. This notification has to be supplemented by the provision of information
on the effects of the measure and the rights appertaining thereto. This information may be given
orally, by means of posting on noticeboards or handed over in the form of written documents,
forms, rules and regulations or booklets for new arrivals.
According to the facts ascertained by the inspectors, this information is in most cases
provided in accordance with legal requirements, in terms of form and deadlines, but proves to be
inadequate in practice.
1.2.1 Stereotyped content of information in fast procedures
1.2.1.1 Limitations of time and content with regard to provision of information under police custody
procedures
If the place of arrest is far from the police station or gendarmerie, or investigations have to be
conducted on the spot240, initial notification is carried out at the actual place of arrest, usually
orally, but sometimes by means of a standard printed form. In the opposite case, notification of
placement in police custody and of the rights appertaining thereto occurs on return to the
gendarmerie or police station, unless the person’s state – in most cases inebriation or difficulty in
understanding the French language – justifies postponement of the notification of their rights.
239
The appointment of a trusted legal representative does not concern adults in the care of guardians or minors, in
accordance with the provisions of article 1111-6 of the public health code according to which: “Any adult person may
appoint a trusted legal representative, who may be a parent, close relation or general practitioner, who will be
consulted in case that they themselves are not in a state to express their wishes and receive the information necessary
for this purpose. This appointment is made in writing. It is revocable at any time. If the patient so wishes, the trusted
legal representative accompanies them in accomplishing formalities and takes part in medical interviews in order to
help them to make decisions.
At the time of any hospitalisation in a health institution, the appointment of a trusted legal representative is proposed
to the patient under the conditions provided for under the above paragraph. This appointment is valid for the duration
of the hospitalisation, unless the patient provides otherwise.
The provisions of this article do not apply when a guardianship measure is ordered. However, the judge responsible
for guardianship orders may, in this scenario, either confirm the trusted legal representative’s previously appointed
role, or revoke their appointment”.
240
For example a search.
153
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