The French Garde À Vue Declared Unconstitutional

Warwick School of Law Research Paper Forthcoming

Criminal Law and Justice Weekly 24/08/10

6 Pages Posted: 2 Sep 2010

See all articles by Jacqueline Hodgson

Jacqueline Hodgson

University of Warwick - School of Law

Date Written: August 31, 2010

Abstract

This article discusses the recent ruling of the French Conseil constitutionnel (the constitutional council) that the legal regime for the detention and interrogation of criminal suspects in police custody (the garde à vue) is contrary to the Constitution. It sets out the current legal framework and the key European Court of Human Rights (ECtHR) cases that inspired French lawyers to bring the challenge and considers what implications this might have within the UK.

Keywords: comparative law, French law, Criminal

JEL Classification: K40, K41, K42

Suggested Citation

Hodgson, Jacqueline S., The French Garde À Vue Declared Unconstitutional (August 31, 2010). Warwick School of Law Research Paper Forthcoming, Criminal Law and Justice Weekly 24/08/10, Available at SSRN: https://ssrn.com/abstract=1669915

Jacqueline S. Hodgson (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
02476 524163 (Phone)
02476 524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/hodgson

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