If the imprisoned person is both remanded in custody and serving a sentence, only the liberty and custody judge has jurisdiction to hear applications made under article 803-8.
However, if the liberty and custody judge, after noting that the conditions of detention are contrary to the applicant’s dignity, decides to end the pre-trial detention pursuant to 2° of II of article 803-8, he shall immediately inform the sentence enforcement judge under whose supervision the person is placed, transferring to him without delay the file of the proceedings relating to the request provided for by this article.
Within ten days of receiving the file, the sentence enforcement judge will make one of the decisions provided for by 1° or 3° of II of article 803-8. In the cases provided for in the last paragraph of II of the same article, the judge may refuse, by reasoned order, to make one of these decisions.