Confirming that the interview is genuinely voluntary
A child suspected of committing or attempting an offence may be interviewed voluntarily. While the interview remains genuinely voluntary, the child is not detained at the station and may leave at any time. If the legal position changes, a separate coercive measure must be ordered and the corresponding rights must be given.
Read the whole notice: the investigating service, date and time, the capacity in which the child is being interviewed and any description of the allegations. Before questioning, the child and those responsible for them must in particular be informed of the alleged legal classification, date and place of the offence.
The child’s rights and the representatives’ role
The rights must be explained in simple, accessible language. They include the choice to make a statement, answer questions or remain silent, access to an interpreter where needed, assistance from a lawyer and protection of the child’s privacy.
The child’s legal representatives, or the person or service responsible for the child, are informed of the interview. For a crime or an offence punishable by imprisonment, they may request a lawyer if the child has not done so; if no lawyer is chosen, the French juvenile justice rules provide for the Bar to be contacted. Whether a representative or another appropriate adult is present still depends on the child’s interests and the needs of the investigation.
Preparing without rehearsing an account
Preparation should make the situation understandable, not teach the child a version of events. Work through a short chronology, separating what the child saw or did, what they learned from someone else and what they genuinely do not remember. The language should remain the child’s own.
Gather the complete notice, identification, representatives’ contact details, messages or documents directly related to the allegations and any information about interpretation, health or communication needs. Documents should be provided only after checking how they relate to the likely questions.
On the day of the interview
On arrival, confirm the stated status and that the rights have actually been explained before questioning begins. The child should understand who is asking the questions, what allegations are being discussed and which choices are available when answering. A lawyer acts within the procedural framework; an accompanying adult should not answer for the child.
Record the arrival and departure times, any announced change of status and any document handed over. If the child no longer understands a question, needs a break or wishes to remain silent, they should be able to say so clearly rather than invent an answer to fill a genuine gap in memory.
After the interview: establish what actually happens next
At the end of the interview, the child may leave freely, be summoned again or, if the legal conditions are met, be placed under a separate coercive measure. Record precisely any information about a further summons, release to the representatives or a prosecutor’s decision.
Keep the original notice, any rights forms and the documents provided in one file. A short factual note made soon after leaving preserves the sequence of the rights given and events without asking the child to repeat the entire interview at length.
Discuss your situation
You can send the firm the essential facts, relevant dates and any known deadline.
Frequently asked questions
Can a child leave a voluntary police interview?
Yes. While the interview remains voluntary, the child may leave the station at any time and this must be explained. If police custody or another detention measure is ordered, that is a different legal framework with its own decision and rights.
Is the child entitled to a lawyer?
Yes. The right to legal assistance must be explained. Where the investigation concerns a crime or an offence punishable by imprisonment, the legal representatives also have powers to request that assistance if the child has not done so.
Are the parents always present during the interview?
They are normally informed, but their presence is not automatic in every case. Attendance by a representative or another appropriate adult depends on the child’s interests and must not prejudice the investigation.