Judicial arrest

 
- Cause: you are believed to have committed a crime or an offence and you are remanded in custody. A judicial arrest can follow an administrative arrest if a crime or an offence has been discovered or committed.

- Duration: maximum 24 hours, if a magistrate (Crown Prosecutor or an Investigation Prosecutor) hasn't delivered a warrant for arrest. A police officer cannot prolong an arrest as it is provisional. If he or she has a warrant for arrest, you detention cannot be longer than 5 days (on remand), unless it has been extended by the Council Chamber for a duration of one month (renewable).

 - Who decides the arrest: it depends on the evidence or non-evidence of the crime or offence.

If you are caught in the act  

A police officer or an individual can detain someone if he or she is caught in the act. The individual must phone the police as soon as possible. The police officer has to contact the judiciary police who will inform the Crown Prosecutor about the arrest. This magistrate will decide on maintaining the arrest or not.

If you are not caught in the act:

The decision of the arrest can only be taken by a magistrate (Crown Prosecutor or Investigation Prosecutor). In other words, a police officer cannot arrest someone without having a warrant for arrest unless the reasons for the arrest are clear.

Rights:

All judicial arrests come hand in hand with a statement comprising the following elements: the precise time and the circumstances of the arrest, and the communication received from the Crown or Investigation Prosecutor in order to go ahead with the arrest (time, means, given instructions). These elements will allow you to verify the validity, legitimacy and legality of the arrest. If you don’t agree with the statement, you have the right to refuse to sign it.

You do not have to wear handcuffs unless in a case of force majeur (violence, escape,...).

You don't have the right to call a relative, but your family is informed unless this is detrimental to the investigation.

The police cannot reveal your identity to the press unless they receive the authorisation to do so from the magistrate (Crown or Investigation Prosecutor). Usually it is the latter who will contact the press.

 
- Obligations: Your finger prints and photograph can be taken. You can be searched and asked to hand over all your possessions. An inventory of your personal objects will be made in your presence in order to avoid any later problems. Try to stay calm and polite during questioning, otherwise you could be charged with insulting behaviour.

 
- If you are under 18: the police must contact your parents or person responsible for you as soon as possible. Your finger prints can only be taken if you are at least 14 and only in the case of a grave offence. You are not allowed to be in the same cell as an adult.

If you are 12 or over, you can speak to your lawyer in confidentiality (he may be automatically designated) before being called with your lawyer to the Juvenile's Court (before the legal end of the arrest: 24 hours). If you don't see the judge you will be automatically released. The Juvenile's Court will decide on your liberation or sentence that will be proportional to the offence you have committed: reprimand, mediation, community interest work or placement in a youth centre (IPPJ- as of 12 years old) for a period of 15 days to 3 months (renewable). There are different sections in this type of centre: initiation, education, closed centre (as of 14).

You have 15 days to appeal, this delay is reduced to 48 hours if you are in a closed centre.