Distinguishing the measures available before trial
Judicial supervision imposes obligations or restrictions while the child remains at liberty. Electronic monitoring restricts movement more closely. Pre-trial detention deprives the child of liberty before any final sentence and must remain exceptional where less restrictive measures are insufficient.
These are criminal procedure orders and should not be confused with placement ordered to protect a child at risk. Their legal basis, purpose and appeal routes differ, even though educational accommodation may sometimes form part of the proposal put before the criminal court.
Age and procedural route determine what is possible
Judicial supervision may be considered from age thirteen, but the conditions differ between ages thirteen to fifteen and from age sixteen. They also depend on the nature of the alleged offence, the available sentence, the procedural history and the stage at which the order is requested.
Pre-trial detention is subject to even stricter conditions, particularly below age sixteen. The review must therefore begin with the child’s exact age on the date of the measure, the legal classification and the procedural route, rather than importing the rules for an adult or another child.
The contested hearing on liberty
The decision follows a contested hearing involving the prosecutor, the child and the lawyer and, depending on the route, the legal representatives and educational service. The defence should address the specific risks relied upon, such as reoffending, pressure on others, failure to attend court, protection of the child or the needs of the investigation.
The order must give reasons. If judicial supervision is imposed, its requirements and the consequences of breach are explained to the child. An interim judicial educational measure may accompany a security measure and is mandatory when a child is placed in pre-trial detention.
Building a verifiable alternative
A practical plan includes proof of the address, written agreement from the host, school or work timetables, transport arrangements, medical or educational support and details of available adults. It should show how the child will be supervised each day and brought to every appointment.
The plan should also anticipate possible restrictions: no contact with named people, limits on travel, surrender of documents, treatment or appointments with the Youth Judicial Protection Service. For each requirement, state who will monitor it, how information will be shared and what fallback exists if the usual arrangement fails.
Complying with, varying or challenging the order
After the hearing, keep the order and turn each requirement into a practical instruction: prohibited places, times, appointments, people who must not be contacted and evidence to provide. A difficulty should be reported before it becomes a breach; violation of judicial supervision can lead to tighter restrictions and, in specified circumstances, loss of liberty.
The judge may vary the requirements or end the measure, including on an application made through the proper procedure. Certain orders may also be appealed, with a time limit that can be ten days from notification. Check the order immediately to identify the correct court and exact deadline.
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Frequently asked questions
Is judicial supervision a sentence?
No. It is an interim measure made before sentence. Its requirements are nevertheless legally binding and breach can have immediate consequences.
Is pre-trial detention of a child automatic?
No. It is exceptional, depends on age and procedural route and requires less restrictive measures to be insufficient for the statutory objectives. Reasons must be given after a contested hearing.
Can the requirements be changed?
Yes. The judge may vary or end the measure through the applicable procedure. The change in circumstances should be evidenced, and the existing order must continue to be observed until a new decision is made.