Police custody in Morocco: your rights and the lawyer's role

Police custody (garde à vue) is where much of a criminal case is decided. Within a few hours, the judicial police question the person arrested and draw up a report that will follow them all the way to trial. Laamrani Law Firm therefore steps in in Casablanca as soon as the family learns of the arrest, in every type of case: drugs, money laundering, bad cheques, financial crime and offences against the person.

Has someone close to you just been taken into custody? Call the firm without delay, including on our emergency line +212 661-066-690. If possible, have ready: their full name, where they were arrested or which police or gendarmerie unit is holding them, and the time of arrest.

What is police custody?

It is the measure that allows a judicial police officer to hold a person for the purposes of an investigation, under the supervision of the public prosecutor, before bringing them before the prosecutor or releasing them. It is governed by the Code of Criminal Procedure, and Article 23 of the Constitution guarantees anyone detained the right to be informed immediately of the reasons for their detention and of their rights, including the right to remain silent and to legal assistance.

How long can police custody last?

Under ordinary law, police custody may not exceed 48 hours, renewable once for 24 hours with the prosecutor's written authorisation. The law provides longer periods for offences against state security and for terrorism, and special rules for minors. Time runs from the actual arrest; any overrun is a ground of defence to raise before the court.

The rights of the person in custody

• Information: to be told immediately, in a language they understand, the reasons for the arrest and their rights.
• Silence: the right to remain silent.
• A lawyer: the right to communicate with a lawyer, under the conditions and time limits set by the Code of Criminal Procedure.
• Family: the judicial police must inform the family of the measure.
• Interpreter: anyone who does not speak the language of the investigation may be assisted by an interpreter.
• Medical examination: a medical examination may be requested, in particular where ill-treatment is alleged.

The lawyer's role during custody

The lawyer speaks with the person held, explains their situation and rights, and advises them on how to deal with questioning. The lawyer checks that time limits and conditions are respected, may submit written observations and can report any irregularity to the prosecutor. At the same time, the firm gathers the documents that will support an application for release at the first appearance: proof of address, employment and family situation.

The police report: do not sign what you have not read

The judicial police officer records the statements in a report. It must be read carefully before signing, and anything that does not match what was said should be corrected. It is possible to refuse to sign or to add reservations, which are noted in the report. This matters: for lesser offences (délits), judicial police reports are taken as accurate unless proven otherwise.

After police custody

At the end of custody, the person is either released or brought before the prosecutor, who may drop the case, prosecute while leaving them at liberty, order detention or refer the case to an investigating judge. The lawyer then challenges detention and applies for provisional release or judicial supervision. For drug cases, see also our Drug offence lawyer page.

See our dedicated page: provisional release (bail), conditions and procedure.

Frequently asked questions

How long does police custody last in Morocco?

Under ordinary law, 48 hours, renewable once for 24 hours with the prosecutor's written authorisation. Longer periods apply to offences against state security and to terrorism.

Can I see a lawyer during police custody?

Yes, under the conditions and time limits set by the Code of Criminal Procedure. We advise families to call the firm as soon as they learn of the arrest, so the lawyer can act in time.

Is there a right to remain silent?

Yes. Article 23 of the Constitution guarantees anyone detained the right to remain silent and to be informed immediately of the reasons for their detention.

Is the family informed?

Yes, the judicial police must inform the family of the person placed in custody.

Do I have to sign the police report?

Read it in full before signing and ask for anything that does not match your statements to be corrected. You may refuse to sign or add reservations, which are noted in the report.

What happens at the end of police custody?

Either release, or appearance before the prosecutor, who decides whether to drop the case, prosecute with the person at liberty or in detention, or open a judicial investigation.

My relative is a foreign national or a Moroccan living abroad. What are their rights?

The same rights, including an interpreter if they do not speak the language of the investigation and the possibility of having their consulate informed. We work in Arabic, French, English and Spanish.