Section 1: Intervention by the judicial authority on its own initiative

For the duration of the foreign national’s detention, the public prosecutor or the liberties and detention judge may visit the premises, check the conditions of detention and obtain the register provided for in article L. 744-2.The public prosecutor visits the detention premises whenever he or she considers it necessary and at least once a year.

At any time, the liberties and detention judge may, after having given the administrative authority the opportunity to present its observations, on his own initiative or at the request of the public prosecutor, decide to release the foreign national held in detention when the legal or factual circumstances justify it, subject to the exclusive jurisdiction of the administrative judge over the decision to hold an asylum seeker in detention.