Establish the exact starting point
Article L. 741-1 CESEDA allows the administration to order an initial ninety-six-hour period of detention. Continued detention after that point requires authorisation from the judicial judge.
The calculation depends on the exact time of placement, not only the calendar date. The detention order, centre register and service records should be compared.
Check the prefecture’s application
The application must reach the judge before the initial period expires and be accompanied by the relevant documents. Its date and time, author, reasons and actual enclosures all need to be reviewed.
The person and counsel must be able to understand the material relied on and prepare submissions. Any communication problem or late document should be identified precisely.
Timing is not the only issue
A timely application does not by itself justify continued detention. The administration must still show that the legal conditions remain met and that it has taken the necessary steps to carry out removal.
The judge may also consider earlier procedural defects and the guarantees offered by the person. Submissions should be tailored to the actual file.
Documents to send quickly
Send the detention order, OQTF or other removal measure, all notices, the hearing notice and every record showing a time. Add relevant evidence of address, identity, family circumstances and health.
A relative can prepare a simple chronology and retain proof that documents were sent. An inconsistent time should be raised before, not first discovered at, the hearing.
Counsel’s work
Counsel checks the deadline calculation, admissibility and supporting papers, then addresses the substantive conditions for an extension. She presents submissions at the hearing and explains any route of appeal against the order.
The review is based on the documents available and the law applicable on the placement date. An older description of detention time limits should not be applied mechanically to a recent case.
Discuss your situation
You can send the firm the essential facts, relevant dates and any known deadline.
Frequently asked questions
Is the deadline counted in calendar days?
The initial period is expressed in hours. The calculation starts from the exact time of placement shown in the records and is compared with the time the judge was seised.
Can a late application be corrected after expiry?
The application required for continued detention must be made before the initial period expires. The timeline and transmission records should be examined.
What should be sent before the hearing?
Prioritise the detention order, removal measure, notices and every document showing a time, followed by relevant personal evidence.