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updated October 25, 2026protestsgarde à vuerightspoliceforeign residents

Protests on 24 October: fewer marchers, nearly a thousand arrests. How garde à vue differs from an arrest, and the rights a foreign national has

Saturday's protest figures from the Interior Ministry, calls for new action on 31 October and 5 November, and how police custody (garde à vue) works in France: time limits, lawyer, interpreter, consulate.

Protests on 24 October: fewer marchers, nearly a thousand arrests. How garde à vue differs from an arrest, and the rights a foreign national has

On Saturday 24 October, France saw another day of protests against the cost of living. The Interior Ministry counted about 410,000 people nationwide, 110,000 of them in Paris. The CGT union puts the figure at 800,000, including 250,000 in Paris. For comparison, the ministry counted 550,000 on 17 October. It recorded 289 separate actions across the country, against 430 the week before.

By the evening police had made close to 1,000 arrests (interpellations), and the ministry expected the number to rise noticeably. At the same point on 17 October the count was 385. At least two people were seriously injured, in Toulouse and Clermont-Ferrand. In Paris there were clashes with police at the end of the march, and clashes were also reported in other large cities, including Lyon, Marseille, Nantes, Bordeaux and Nice. Looting and damage were well below the level of 17 October.

What comes next. The authorities have not announced any new dates. The CGT wants to keep going and is pointing to 5 November; the gilets jaunes are calling for action on 31 October. These are calls from organisers, not official decisions. Bans, station closures and routes are usually announced by prefectures closer to the day.

An arrest and garde à vue are not the same thing

An interpellation is the arrest itself. Garde à vue (GAV) is a separate measure. Service-public defines it as a deprivation of liberty within a criminal investigation. It applies to someone suspected of a crime or délit punishable by imprisonment, and only when it is the sole way to meet the aims of the investigation, such as continuing the inquiry, preserving evidence or preventing pressure on witnesses. It is decided by an officier de police judiciaire (OPJ), who informs the prosecutor straight away.

Time limits. In the general case, up to 24 hours from the arrest. It can be extended by another 24 hours, to 48 in total, if the offence carries at least one year in prison. The extension is decided by the prosecutor or an investigating judge. Longer limits apply to certain serious offences.

The detainee's rights

Service-public lists the rights everyone in garde à vue has, whatever their nationality:

  • A lawyer, from the start and at any time: one you choose or a duty lawyer (commis d'office). If the chosen lawyer has not arrived within 2 hours, a duty lawyer can be appointed. A private talk with the lawyer lasts up to 30 minutes, and the lawyer attends the interviews.
  • An interpreter if the person does not speak French, in a language they understand, possibly remotely.
  • The right to remain silent. The only obligation is to state one's identity.
  • A doctor: an examination on request; relatives can ask for one too.
  • Having someone informed: a relative, the employer or another person of one's choice.
  • Reading the records of how the garde à vue went, the interviews and the medical certificate, at the latest before any extension.

For foreign nationals there is a specific provision: Article 63-2 of the Code of Criminal Procedure (CPP), in its version in force since 24 April 2024. A foreign national can ask for the consular authorities of their country to be contacted. As a general rule, the relative, employer or consulate is informed within three hours of the request. The prosecutor can delay or refuse this for the needs of the investigation or to protect people. The OPJ can also allow direct contact with them, in writing, by phone or in person, for up to 30 minutes and under supervision.

In practice one point matters most: these rights apply on request. The employer or the consulate will not be told unless the detainee asks.

How garde à vue ends

The prosecutor or investigating judge decides whether the person is released or brought before the court (déferrement). The person must be brought before a magistrate on the day the garde à vue ends. If that is not possible, within 20 hours at most, held meanwhile in a court cell.

What this post does not cover

We do not discuss here how a criminal case might affect a residence permit or naturalisation: that depends on the case and is a question for a lawyer. The right to a lawyer from the first minutes of garde à vue exists precisely for that.

Sources: the day's figures — franceinfo; garde à vue rules — service-public.gouv.fr (page checked 10 July 2025) and Article 63-2 CPP on Legifrance (version in force since 24 April 2024).

Fiscly is an educational tool to help you understand the French tax system. It is not a substitute for professional tax advice. Tax situations are individual — always verify with impots.gouv.fr or a qualified accountant (expert-comptable) for your specific case.

Protests on 24 October: fewer marchers, nearly a thousand arrests. How garde à vue differs from an arrest, and the rights a foreign national has