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Wherever they are in the EU, suspects or accused persons will be entitled to consult a lawyer before the start of any questioning by the police and throughout criminal proceedings, according to new rules agreed by the European Parliamentary Civil Liberties Committee this week.

Although the right of defence for anyone suspected of a crime is widely recognised as a basic element of a fair trial, at the moment the conditions under which suspects may consult a lawyer differ among member states. The recently agreed draft directive sets out some EU-wide minimum rules, including:

  • Suspects or accused persons will have a right of access to a lawyer before they are questioned by the police and without excessive delay. This right must also apply throughout criminal proceedings. The new rules also allow lawyers to participate effectively during the questioning and attend certain investigative or evidence-gathering acts, such as identity parades and experimental reconstructions of the crime scene.
  • Member states must respect the confidentiality of meetings and other forms of communication between the suspect or accused person and his or her lawyer.
  • When a person is arrested, he/she has the right to communicate with a person of his/her choice, such as a family member, partner or employer. If outside his or her home country, the arrested person would have the right to contact that country's local consulate.
  • Anyone subject to a European Arrest Warrant (EAW) will have the right of access to a lawyer both in the issuing member state and the country in which the suspect is arrested under the EAW.

The text of the draft directive is expected to voted on by MEPs and adopted by the Council after the summer break. Once adopted, member states will have three years to incorporate the directive into national law.

Contact Lewis Nedas’ Criminal Lawyers in London

If you have been charged with a crime and require specialist legal advice please contact our solicitors Jeffrey Lewis or Siobhain Egan on 020 7387 2032 or complete our online enquiry form here.


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