How long does police custody last? 24h, 48h, 96h or 144h?

The duration of police custody (garde a vue) is strictly framed by the French Code of Criminal Procedure. In principle, it lasts 24 hours. It may be extended up to 48 hours, reach 96 hours in organised crime and drug-trafficking cases, and even 144 hours in terrorism matters. Here is, in detail, what the law provides and how a lawyer ensures these time limits are respected.

Length of police custody: summary table

Situation	Maximum duration	Authority granting the extension
Ordinary regime	24h, extendable to 48h	Public prosecutor
Organised crime, drug trafficking	96h	Liberty and custody judge or investigating judge
Terrorism (imminent risk)	144h	Liberty and custody judge
Minor (13-18 years old)	Specific, closely framed regime	Magistrate, under conditions

How long does police custody last under the ordinary regime?

The ordinary duration is 24 hours (Article 63 of the Code of Criminal Procedure). At the end of this period, the person must either be released or brought before a magistrate.

Custody may be extended by a further 24-hour period, giving a total of 48 hours, on the written authorisation of the public prosecutor, on two conditions: the offence must be a serious crime or a misdemeanour punishable by at least one year of imprisonment, and the extension must be the only way to continue the investigation. In principle, the person is brought before the magistrate, where appropriate by video-conference, before any extension.

Derogatory regimes: up to 96 or 144 hours

Organised crime and drug trafficking: 96 hours

For offences falling under organised crime and organised delinquency (Article 706-88 of the Code of Criminal Procedure), including drug trafficking committed in an organised gang, custody may be subject to two additional 24-hour extensions, bringing its total duration to 96 hours (4 days). These extensions are authorised by the liberty and custody judge (JLD) or by the investigating judge.

Terrorism: up to 144 hours

In terrorism matters, where there is a serious risk of imminent terrorist action (Article 706-88-1 of the Code of Criminal Procedure), two exceptional extensions may bring the total duration to 144 hours (6 days), by decision of the liberty and custody judge.

When does the clock start?

The custody time limit runs from the moment liberty is restricted, that is, in practice, from the arrest itself, and not from arrival at the police station. This starting point is essential: a mistake in counting the hours can render the measure, and every act flowing from it, unlawful.

Custody of a minor: specific rules

Custody of a minor follows protective rules (French Code of Criminal Justice for Minors). A child under 13 cannot, in principle, be placed in police custody. Between 13 and 18 years old, the measure is possible but framed by reinforced safeguards: notification of the legal representatives, mandatory medical examination before age 16, and mandatory presence of the lawyer.

What happens at the end of police custody?

When the time limit expires, the person is released or brought before the public prosecutor (deferrement). Several outcomes are possible: dismissal, summons before the court, immediate appearance, CRPC (guilty plea), or the opening of a judicial investigation that may involve pretrial detention.

The lawyer's role in ensuring time limits are respected

Monitoring compliance with these time limits is one of the points on which the intervention of a police custody lawyer in Paris is decisive. Mr. Charles Bruguière checks the exact time the measure started, the lawfulness of every extension authorisation and its notification, and raises, where appropriate, the nullity of acts carried out beyond the legal time limit. Available 24/7, the firm intervenes urgently in every police station in Paris and the Paris region.

Sources

Articles 63, 63-1 et seq., 706-88 and 706-88-1 of the French Code of Criminal Procedure (Legifrance). Practical sheet: service-public.fr - Police custody.