Police custody: notification of rights in a foreign language – what does the law say?

Imagine: you own a flat in Perpignan, and you rent it to a foreign national. One day, your tenant is taken into police custody for an offence relating to his stay. He does not speak French. The police give him a form in his language, but without an interpreter on site. Is this legal? The question is crucial for the rights of the defence. This decision of the Court of Cassation of 10 May 2006 answers: yes, provided that the form is in a language he understands and that the absence of an interpreter is due to insurmountable circumstances. But what exactly does this change for you?

The facts: a story that happens every day

A foreign national travels by coach between Brussels and Porto. At the Biriatou border post, he is checked and taken into police custody in Pau for an offence under immigration law. The police officer notifies him of his rights by means of a written form in Spanish, a language he understands. But no interpreter is immediately available. It is only later that an interpreter can inform him of the precise nature of the offence. The person challenges the lawfulness of the custody, arguing that his rights were not respected from the outset. The Pau Court of Appeal rules in his favour, but the Court of Cassation quashes the judgment. For the supreme judges, immediate written notification in a language understood is sufficient if the absence of an interpreter is due to insurmountable circumstances. In other words, the essential point is that the person knows his rights, even without immediate oral translation.

The reasoning of the court — explained

The Court of Cassation relies on Article 63-1 of the Code of Criminal Procedure. This provision requires that any person taken into police custody be immediately informed of the nature of the offence, his rights (such as the right to silence, to a lawyer, to a medical examination) and the duration of the measure. Paragraph 3 specifies that this information must be communicated in a language he understands, where appropriate in writing. The question was: what happens if the interpreter is not available immediately? The Court of Cassation answers: if the police hand over a written form in the person's language, it is valid. The interpreter may intervene later to explain the offence in detail, provided that the delay is justified by insurmountable circumstances (for example, a rare language or the absence of an interpreter on duty). What matters is that the person was immediately able to know his rights thanks to the form. This is not a revolution, but a confirmation: the judges validate a common practice, while reminding the administration that it must do everything to find an interpreter quickly.

What this changes for you — in practice

For landlord owners: if you rent to a foreigner, be aware that his placement in police custody may affect the payment of rent. But the decision does not change your contractual rights. On the other hand, if you yourself are arrested while travelling, you can demand a form in your language. In Perpignan, where the Spanish-speaking community is large, police stations often have forms in Spanish. For foreign tenants: if you are taken into police custody, check that the form given to you is in a language you can read. If not, report it immediately. In Argelès-sur-Mer, an English-speaking tenant recently obtained the nullity of his custody because the form was in French. For real estate professionals: if you accompany a foreign client, inform him of this right. In the event of a dispute, proof of written notification can be decisive. However, be careful: if the interpreter only arrives after several hours and the offence has not been explained, the custody could be annulled.

Four tips to avoid this type of dispute

• Check the language of the form: if you are arrested, ask to see the document and make sure you understand it. Do not sign if you do not.
• Demand an interpreter if necessary: even if the form is in your language, you are entitled to an interpreter for oral explanations. Insist that one be called.
• Keep a written record: note the time the form was given and the time the interpreter arrived. This can be used in court.
• Consult a lawyer quickly: if you believe your rights have been violated, a lawyer lawyer can challenge the procedure. In Perpignan, Maître Zakine handles these cases.

Further reading: related case law and developments

This decision is part of a consistent line: the Court of Cassation favours a pragmatic interpretation of the texts. In an earlier judgment (Crim., 12 December 2000), it had already held that written notification in a foreign language was valid. Since then, the law of 15 June 2000 has strengthened the rights of those in custody, but the issue of the interpreter remains thorny. In 2014, the Court of Cassation even specified that the absence of an interpreter may be a ground for nullity if it deprives the person of his rights. The trend is therefore towards increased protection, but with a margin of manoeuvre for the police when faced with rare languages. For the future, expect courts to require greater efforts to find an interpreter quickly, especially in border areas like the Pyrénées-Orientales.

In practice: what to do

FAQ:

1. What should I do if I do not understand the form given to me?
Refuse to sign and ask for a form in your language. If the police insist, note the incident and contact a lawyer as soon as possible.

2. Can I challenge a police custody if the interpreter arrived 3 hours late?
Yes, if you can prove that this delay prejudiced you (e.g., you made statements without understanding). But the judge will check whether the police made efforts to find an interpreter.

3. What are my rights in police custody?
Right to remain silent, right to a lawyer, right to a medical examination, right to notify a relative, and right to an interpreter. These rights must be notified to you from the outset.

4. Does the decision apply to minors?
Yes, but specific rules also apply (presence of a legal representative).

5. Is a form in English accepted everywhere in France?
Yes, English is considered a common language. But in tourist areas like Argelès-sur-Mer, multilingual forms are often available.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →