The French Garde À Vue Declared Unconstitutional
Criminal Law and Justice Weekly 24/08/10
6 Pages Posted: 2 Sep 2010
Date Written: August 31, 2010
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: Suggested Citation