Chapter V: Investigating courts

For the application of article 88, legal aid must be understood to mean the legal aid or assistance scheme applicable locally.

The obligation for the civil party to declare an address to the investigating judge provided for by Article 89 means, for the overseas territories and New Caledonia, an address located in the territory where the information is taking place.

For the application of the second paragraph of Article 102, the court clerk may be appointed as interpreter for one of the languages in use in the territory. In this case, he is exempt from the oath. .

The obligation for the person under investigation to declare an address to the investigating judge provided for in the sixth paragraph of Article 116 means an address situated in the territory where the investigation is taking place.

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.