Subsection 1: Common provisions

The liberty and custody judge shall rule, by order, within forty-eight hours of the referral.

When a case is referred to the liberty and custody judge by the foreign national for the purpose of contesting the decision to place him/her in detention pursuant to article L. 741-10 and by the administrative authority for the purpose of extending detention pursuant to article L. 742-1, the hearing shall be common to both proceedings, which shall be decided by a single order.

The liberty and custody judge shall rule after hearing the representative of the administration, if the latter, duly summoned, is present, and the person concerned or his counsel, if he has one. .

The liberty and custody judge shall rule at the seat of the judicial court within whose jurisdiction the foreign national’s place of detention is located, unless an exception is provided for by regulation. If a courtroom allocated to the Ministry of Justice allowing him to rule in public has been specially set up in the immediate vicinity of this place of detention, he shall rule in this room.

The liberty and custody judge may decide, on a proposal from the administrative authority, that the hearings provided for in this section shall be held with the use of audiovisual telecommunication means guaranteeing the confidentiality of the transmission. A record of the operations carried out shall then be drawn up in each of the two hearing rooms open to the public. >