Minor arrested at a protest in France: rights and what parents can do

Your phone rings: your child is at the police station after a protest. A minor arrested in France does not have the same rights as an adult, and the law gives parents a specific place in the procedure. A lawyer explains the situation in 20 minutes on Avocat20min.fr.

This article describes what happens to a minor arrested at a protest, hour by hour and then before the judge. It explains what parents can do, what they must do, and what the child actually risks.

The framework: the juvenile criminal justice code

Since 30 September 2021, juvenile justice in France has followed a dedicated code, the code de la justice pénale des mineurs (CJPM), created by Ordinance No. 2019-950 of 11 September 2019. It replaced the old 1945 ordinance and keeps its principles: minors are tried by specialised courts, and education in principle comes before punishment.

Article L. 11-1 sets an age rule. A child under 13 is presumed not to have discernment. From 13, the presumption is reversed: the minor is presumed to have understood and intended the act. The judge can still find that a younger child had discernment, or that a teenager did not, depending on the case.

Two practical consequences follow. No penalty can be imposed on a child under 13 (Article L. 11-4). And the police procedure depends on the age at the time of the facts, not at the time of the phone call.

Minor arrested: holding, police custody or voluntary interview

Depending on age and the offence, a minor arrested by the police faces one of three situations. The table sums up the CJPM rules.

Age	Possible measure	Condition	Maximum length
Under 10	Voluntary interview only	No deprivation of liberty	No holding
10 to 13	Holding (retenue)	Crime or offence punishable by at least 5 years in prison	12 h, renewable once for 12 h
13 to 16	Police custody	Crime or offence punishable by prison	24 h, plus 24 h if 5 years in prison are at stake
16 to 18	Police custody	Crime or offence punishable by prison	24 h, plus 24 h if 1 year in prison is at stake

Holding for children aged 10 to 13 remains exceptional. Article L. 413-1 allows it only if it is the sole way to reach an aim of the investigation, with the prior consent of the public prosecutor (procureur de la République) or the investigating judge. It is limited to the time needed to take the child's statement.

Police custody from 13 follows the adult rules, with extra safeguards (Article L. 413-6). Under 16, an extension requires an offence punishable by at least five years in prison and a prior appearance before the magistrate (Article L. 413-10). Damage committed by several people together, for example, reaches that threshold.

For a teenager over 16, a special organised crime regime can extend custody to 96 hours if adults took part in the offence (Article L. 413-11). It is rare in a protest context.

A voluntary interview applies when the minor is not held by force. The legal guardians are informed (Article L. 412-1), and a lawyer is still possible.

The rights of a minor in police custody

The core safeguards for a minor arrested by the police come down to four points, whatever the reason for the arrest. They apply from the start of the measure.

A mandatory lawyer

In police custody, the minor arrested must be assisted by a lawyer from the first hour (Article L. 413-9). It is not an option the child can turn down. If neither the child nor the parents choose one, the prosecutor, the judge or the police officer asks the head of the local bar to appoint a duty lawyer. The same rule applies to holding (Article L. 413-5).

Parents informed

The police officer informs the legal guardians of the custody after notifying the magistrate (Article L. 413-7). The official service-public page gives a three-hour deadline. The prosecutor can delay this notice to protect evidence or a person, for 24 hours at most, or 12 hours if the custody cannot be extended.

A medical examination

Under 16, a doctor systematically examines the minor arrested from the start of the measure (Article L. 413-8). Between 16 and 18, the examination takes place at the request of the minor, the parents or the lawyer. Parents can therefore ask for it as soon as the police station calls.

Recorded interviews

Interviews of a minor in custody or holding are video recorded (Article L. 413-12). Without a recording, no conviction can rest on the minor's statements alone if the minor disputes them. Sharing the recording is an offence punishable by one year in prison and a €15,000 fine.

The minor also keeps the rights of any person in custody: to remain silent, to know the offence, to an interpreter, to see certain documents. For details, read our guide to police custody in France after a protest.

What parents can do straight away

A call from the police station about a minor arrested is unsettling. A few simple steps protect the child without hindering the investigation:

• Write down the name of the police station, the officer's name and the time of the call.
• Choose a lawyer if you know one, or ask for a duty lawyer. Your choice takes priority over the bar's.
• Ask for a medical examination if your child is over 16, especially in case of injury, medication or asthma.
• Report any treatment or health problem to the officer, and bring medication if asked.
• Stay reachable: the minor can be released at any hour, and the police normally hand the child over to the legal guardians.
• Do not dictate a version of events by text message. Messages can end up in the file, and only the lawyer should advise on statements.

Article L. 311-1 also provides that parents may accompany the minor during interviews if the authority considers it in the child's interest. The interview can start without them two hours after they were notified. During the interview, the parent present does not intervene unless the investigators invite it.

An adult child falls under other rules: the family is not necessarily informed. Our article on a relative in police custody explains what the police can say.

After custody: the possible outcomes

At the end of the measure, the public prosecutor decides what happens next. Several paths exist for a minor arrested at a protest:

• No further action, if the facts are not proven or remain minor.
• An alternative to prosecution (Article L. 422-1): a warning from a prosecutor's delegate, a citizenship course, reparation to the victim, or a ban on going out alone on the public highway at certain hours, for six months at most.
• A composition pénale (a negotiated penalty), from age 13, with the agreement of the minor and the parents.
• Prosecution before the children's judge (juge des enfants) or the juvenile court (tribunal pour enfants).

The minor can also leave with a summons to appear before the children's judge. The CJPM then sets the hearing between ten days and three months later (Article L. 423-7). When the prosecutor seeks a measure before trial, the minor first appears before the children's judge, who can order a provisional educational measure or, from 13 and under conditions, judicial supervision.

A trial in two stages: the split procedure

The CJPM created a three-step procedure, known as césure or educational probation (Article L. 521-1):

1. The hearing on guilt. The children's judge or the juvenile court decides whether the minor committed the acts. It also rules on compensation for the victim.
2. The educational probation period. It lasts six to nine months (Article L. 521-9). The young person follows educational measures, and the youth judicial protection service monitors progress.
3. The sentencing hearing. The judge takes into account the behaviour during the probation period.

This period matters a great deal. Going back to school, repairing the damage or completing a course all weigh on the final sanction. The prosecutor can, however, ask for a single hearing in limited cases, for example for a minor already known to the courts and a penalty of at least five years under 16, or at least three years over 16 (Article L. 423-4).

Educational measures and penalties: what the minor risks

For a minor arrested in France, the response depends on age, the facts and the young person's history. The code distinguishes two kinds of sanctions.

Educational measures apply at any age. The judicial warning is the lightest. The judicial educational measure (Article L. 112-2) can include an integration, reparation, health or placement module, and bans: going to the places of the offence for one year at most, contacting the victim or co-offenders, going out without a parent at certain hours for six months at most, or a citizenship course.

Penalties only apply to minors aged 13 or more. The minority excuse halves the maximum prison term (Article L. 121-5) and caps fines at €7,500 (Article L. 121-6). Over 16, the court can set this reduction aside on an exceptional basis, by a specially reasoned decision (Article L. 121-7). Community service becomes possible from 16.

For damage committed by several people, punishable by five years for an adult (Article 322-3 of the Criminal Code), a minor aged 13 or more therefore faces two and a half years at most. Our guide to vandalism at a protest details the penalties.

On top of these sanctions comes compensation for the damage, which often falls on the parents. Our article on parental liability explains it in detail. Decisions also appear on the criminal record, with rules specific to minors: see our guide to the criminal record after a protest.

What parents must do

The parents of a minor arrested also have obligations. The judge summons them to every hearing (Article L. 311-1). If they do not come, the magistrate can have them brought by the police, and order them to pay a civil fine of up to €7,500 and attend a parental responsibility course (Article L. 311-5, as amended by Law No. 2025-568 of 23 June 2025). The fine can be withdrawn if they attend later hearings.

That amount rose with the Law of 23 June 2025, aimed at strengthening the authority of justice over juvenile offenders and their parents. The Constitutional Council, in decision No. 2025-886 DC of 19 June 2025, struck down several of its measures, however: immediate trial for minors, wider use of the single hearing and the reversal of the minority excuse. Those rules therefore do not apply.

Attending hearings mainly helps the child. The children's judge listens to the family, and a parent who is present and supports the educational follow-up counts in the decision.

Why see a lawyer early

The lawyer of a minor arrested steps in during custody, but the role continues afterwards. The lawyer checks that the procedure was lawful, prepares the hearing on guilt and defends the educational plan during probation. The lawyer also advises the parents, who are often summoned as civilly liable in the same case.

If the family's means are modest, legal aid (aide juridictionnelle) can cover the fees. A criminal law lawyer answers you in 20 minutes. The official rules are on the service-public page on holding or police custody of a minor.