Book VI: Overseas provisions

The period provided for in Article 116-1 is extended to one month when the person under investigation does not reside on the island where the examining magistrate sits.

For the application of articles 127, 133 and 135-2, if the person who is the subject of the warrant is found on an island where there is no court, the conduct takes place from the first air or sea link. The time required to bring this person before the competent magistrate and the time during which he or she was detained before embarkation shall be deducted, where applicable, from the…

The time limits provided for in Article 130 and in the last paragraph of article 135-2 are extended to fifteen days when the transfer is from or to an overseas territory or New Caledonia.

For the application of Article 128, the person may be held in premises other than a prison.

For the application of the provisions of Article 145 in the territory of the Wallis and Futuna Islands, the examining magistrate may order the provisional incarceration of the person under investigation. The latter must appear before the juge des libertés et de la détention as soon as possible and, at the latest, on the seventh working day thereafter. The period provided for in the second paragraph of Article 187-1 is…

The provisions of article 706-71 are applicable to the adversarial hearing prior to the remand in custody of a free person, held by the liberty and custody judge of the Nouméa court of first instance pursuant to Articles 145 et 396.

For the application of Article 191, the investigating chamber of the Nouméa court of appeal and that of the Papeete court of appeal are composed of a chamber president or councillor and two judges from the jurisdiction of the court of appeal. These magistrates are appointed each year by the first president of the court of appeal. If a member of the investigating chamber is unable to attend, he or…