NULLITIES IN POLICE CUSTODY: HOW DO YOU RAISE THEM?

Nullities in police custody: how to raise them?

Clearly, being placed in detention is always a trying time. However, this measure is strictly regulated by law.

As soon as an irregularity occurs, it is possible to ask for it to be annulled. But you still need to know which nullities can be invoked, and how to raise them.

What is a nullity in police custody?

Nullity is a sanction provided for by law when a rule has not been respected. In police custody, this means that an act or the entire procedure can be annulled if a rule has been broken. irregularity affects your fundamental rights.

These are not mere errors of form. Thus, a nullity presupposes that the irregularity has caused an damage or whether it concerns a essential guaranteesuch as the right to remain silent or to be assisted by a lawyer.

If police custody is declared null and void, subsequent acts are only nullified if they are the direct consequence. In other words, only the irregularity that has a causal link with these acts can affect them.

The main irregularities that can lead to nullity (Nullities in police custody: how to raise them?)

As a result, certain mistakes are often made. Here are a few concrete examples that may justify a nullity:

Lack of information about rights

As soon as custody commences, the police or gendarmerie must inform the detainee that :

-can remain silent ;

-has the right to tell someone close to you and your employer ;

-has the right to be examined by a doctor ;

-can be assisted by a lawyer from the start (including court-appointed) ;

-has the right to be assisted by an interpreter.

In addition, before any extension of police custody, the detainee has the right to consult the minutes (without obtaining a copy), to submit observations to the public prosecutor and, during interviews, to make statements, answer questions or remain silent.

An omission or failure to provide this information may be grounds for nullity.

Access to lawyers too limited

You should be aware that the presence of a lawyer is a fundamental right. If the interview does not take place, or is too short, or if the person is not informed of this right, the procedure may be called into question.

An irregular extension

Police custody may not be extended without specific reasons and the opinion of the Public Prosecutor. It should be noted that an extension that is not properly justified or is decided too late may render the entire procedure null and void.

When and how should a nullity be raised?

Invalidity cannot be raised at any time. It must be invoked before any substantive discussiongenerally before the examining magistrate or the criminal courtat the first hearing.

An oversight or delay may render the application inadmissible.

And it's not enough to simply point to a mistake. You need to describe the irregularity precisely, show how it has infringed the rightsand explain the damage caused.

In other words, this request is made by writeswith the help of a lawyer.

Why are these nullities important?

Raising a nullity does not mean looking for a loophole to avoid justice. It is a matter of upholding fundamental rights that the law guarantees to everyone, whether innocent or accused.

Regular police custody is essential to ensure a fair investigation. Conversely, a flawed procedure can distort the entire judicial process.

You will find below our concrete recommendations :

-. You don't have to sign anything without understanding and can always ask for a clear explanation of your rights;

-. Call in a lawyer from the outset. It is your best ally in ensuring that your rights are respected;

-. Make a note of anything that seems strange. Inconsistent working hours, pressure, refusal to let you call a relative: every detail counts;

-. Finally, don't wait to report an irregularity. The earlier this is done, the greater the chances of success.