In its latest move to ensure that all EU citizens receive a fair trial, wherever they are in the EU, the European Commission has presented a package of proposals to further strengthen procedural safeguards for citizens in criminal proceedings.
These most recent proposals aim to guarantee respect for the presumption of innocence and the right to be present at trial; to make sure that children have special safeguards when facing criminal proceedings; guarantee access of suspects and accused to provisional legal aid at the early stages of proceedings and especially for people subject to a European Arrest Warrant.
These proposals are another milestone down the road of procedural rights and aim to complement a set of three other EU laws agreed since 2010: on the right to translation and interpretation, the right to information, and the right to access a lawyer. The hope is that the new proposals will help to ensure the smooth operation of justice in the EU.
The new proposals include:
- A Directive aimed at strengthening the presumption of innocence and the right to be present at trial in criminal proceedings: this will guarantee that (1) guilt cannot be inferred by any official decisions or statements before a final conviction; (2) the burden of proof is placed on the prosecution and any doubt benefits the suspect or accused person; (3) the right to remain silent is guaranteed and not used against suspects to secure conviction; and (4) the accused has the right to be present at the trial.
- A Directive on special safeguards for children suspected or accused of a crime: It is intended that it will make sure that children, who are vulnerable because of their age, have mandatory access to a lawyer at all stages. This means that children would be unable to waive their right to be assisted by a lawyer.
- A Directive on the right to provisional legal aid for citizens suspected or accused of a crime and for those subject to a European Arrest Warrant
- A recommendation on procedural safeguards for vulnerable people suspected or accused in criminal proceedings: ensuring that vulnerable people (for example those suffering from physical or mental disabilities) are detected and recognised, and that their special needs are taken into account in criminal proceedings. The recommendation proposes that vulnerable suspects benefit from special safeguards such as mandatory access to a lawyer, assistance by an appropriate third person and medical assistance.
- A recommendation on the right to legal aid for suspects or accused persons in criminal proceedings: providing common factors to be taken into account in the assessment of whether one has a right to legal aid, and aimed at ensuring the quality and effectiveness of legal aid services and administration.
Contact Lewis Nedas’ Criminal Lawyers in London
If you have been charged or fear you may be charged with a criminal offence in another EU country 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.
This blog post is intended as a news item only - no connection between Lewis Nedas and the parties concerned is intended or implied.
