The French legal system: vive la différence?

Much is made of the differences between jurisdictions when it comes to legal practice. Yet how (and how much) do we know of other proximate jurisdictions? A BBC lockdown treat for lawyers was the French police drama series, Spiral, set in the seedier suburbs of Paris, with a team of police who solve serious crimes (usually murder), struggling with their own personal crises, bureaucracy and politics. There may be some dramatic licence. Would we want our French colleagues to judge British system by watching Judge John Deed or Rumpole of the Bailey? Probably not. And what is the comparative jurisdictional reality behind the drama?

Custody

France has a long history of human rights. Furthermore, suspects have a right to silence when interviewed, and access to legal advice. The prosecution bear the burden of proof in criminal trials. Custody suspects are given a notice setting out their rights, which include the right to: inform a relative and/or employer (unless this would undermine the conduct of the investigations); and to be examined by a doctor, legal assistance – and an initial private consultation at the beginning of custody and every 24 hours.

There are two types of French police – the gendarmerie nationale, and police nationale. The gendarmerie is a branch of the French armed forces, responsible for national security of public buildings, airports and the police at sea. The police nationale has two divisions. Administrative police operate under the supervision of the executive branch of government, and deal with issues of public order, such as directing road traffic, street demonstrations and riot control forces. The judicial police is supervised by the judiciary, and investigate crime, gathering evidence and serving search warrants.

Court

The advocates are called Maître (meaning Master), not Monsieur or Madame. Defence lawyers in France have a reduced role, as the investigation is the responsibility of the investigating judge and prosecutor. If there are concerns about whether the prosecutor is doing their job, it is possible to start a civil action, with an investigative judge appointed. Then, the suspect’s lawyer and the victim’s lawyer have broader powers to request investigation and interviews.

A major difference between the systems is that, in France, some judges have a significant role in investigating serious crimes – interviewing suspects, speaking to police and attending crime scenes. They even arrange confrontations between suspects and victims. The French legal system was influenced by Roman law, not the common law system we have.

French judges are known as Magistrates – highly qualified graduates from the postgraduate School of Magistrature. Criminal proceedings are inquisitorial, and managed by a juge d'instruction. The judge appointed to the case is in charge of its preparation, and deciding whether it should come to court. In England & Wales, only Coroners’ inquests and sometimes tribunals, are comparable.