In New Caledonia, when police custody takes place outside the communes of Nouméa, Mont-Doré, Dumbea and Paita and it appears materially impossible for a lawyer to travel there, the powers vested in the lawyer by the articles 63-4 to 63-4-3 may be exercised by a person chosen by the person in police custody, who is not implicated for the same acts or for related acts and who has not been the subject of any conviction, incapacity or disqualification mentioned in bulletin no. 2 of the criminal record. The provisions of Article 63-4-4 shall apply to the person chosen, who shall be informed of this by the judicial police officer.
Without prejudice to the application of Article 434-7-2 of the Criminal Code, it is an offence for a person, who has been called to intervene under the conditions provided for in the previous paragraph, report to anyone the interview, the hearings or the content of the minutes consulted with the aim of obstructing the course of justice is punishable by one year’s imprisonment and a fine of €15,000.
The provisions of the preceding paragraphs shall apply in the territory of French Polynesia, where police custody is taking place on an island where there is no lawyer and where the travel of a lawyer appears materially impossible.
In the territories of the Wallis and Futuna Islands, a person approved by the president of the court of first instance may be called upon to perform the duties assigned to the lawyer by articles 63-4 to 63-4-3. Where this person is not appointed by the person in police custody, he or she shall be appointed automatically by the president of this court. The provisions of article 63-4-4 and those of the second paragraph of this article shall apply to the person chosen, who shall be informed thereof by the judicial police officer.
This article applies to the assistance by a lawyer provided for in 5° of article 61-1.