French Public Health Code
In forceI.-When a case is referred to the court in application of articles L. 3211-12 or L. 3211-12-1, the court, after hearing both parties, shall rule in public. He may decide that the hearings shall take place or shall continue in chambers if their public nature would infringe the privacy of the parties, if there are disturbances likely to disturb the peace and quiet of the court or if one of the parties so requests. This request is granted when it comes from the person undergoing psychiatric care.
At the hearing, the person under psychiatric care is heard, assisted or represented by a chosen lawyer, appointed under the legal aid scheme or appointed by the court. If, in the light of a reasoned medical opinion, medical reasons prevent the person from being heard in his or her own interest, the person shall be represented by a lawyer under the conditions provided for in the present paragraph.
The liberty and custody judge shall rule in a courtroom allocated to the Ministry of Justice, specially set up on the premises of the host establishment or, if necessary, on the premises of another health establishment located within the jurisdiction of the judicial court, in the circumstances and according to the terms set out in an agreement between the judicial court and the regional health agency. This room must ensure the clarity, security and sincerity of the proceedings, as well as public access. Where these conditions are not met, the judge, either on his own initiative or at the request of one of the parties, will rule at the seat of the judicial court. If the person undergoing psychiatric care is transferred to another health establishment after the matter has been referred to the liberty and custody judge, the receiving establishment is the one in which the patient was being cared for at the time of the referral.
II - When the liberty and custody judge rules in the room mentioned in the last paragraph of I, the president of the judicial court may, if necessary, authorise a second hearing to be held on the same day at the seat of the judicial court.
III.By way of derogation from I of this article, the liberty and custody judge who receives an application for the release of a seclusion or restraint measure taken in application of article L. 3222-5-1, who takes up the matter of his own motion or who has received an application for the measure to be extended, will rule without a hearing using a written procedure.
The patient or, where applicable, the applicant may ask to be heard by the liberty and custody judge, in which case this hearing is automatic and any request may be made orally. However, if, in the light of a reasoned medical opinion, medical reasons prevent the patient from being heard in his or her own interest, the patient shall be represented by a chosen lawyer, appointed under the legal aid scheme or appointed by the court.
The patient or, where applicable, the applicant, may be interviewed by any means of audiovisual telecommunication or, if this is not possible, by telephone, provided that the patient has expressly agreed to this and that this means makes it possible to ascertain the patient's identity and to guarantee the quality of the transmission and the confidentiality of the exchanges. The patient may only be heard by this method if a medical opinion certifies that his or her mental state does not prevent it.
If he or she deems it necessary, the liberty and custody judge may decide to hold a hearing. In this case, the proceedings shall be oral and I and II of this article shall apply. The last paragraph of I does not apply to appeal proceedings.
The juge des libertés et de la détention shall rule under conditions laid down by decree in the Conseil d'Etat.
