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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