Activities of Arlene McCARTHY related to 2011/0154(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest
Amendments (5)
Amendment 20 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Definition For the purpose of this Directive, "child" means a person below the age of 18 years. Where a suspect or accused person appears to be below the age of 18 years and there is no clear evidence of their age, they shall be treated as a child for the purposes of this Directive.
Amendment 25 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) before the start of any questioning by the police orthe police interview or an interview by any other law enforcement authorities;
Amendment 26 #
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1 a (new)
Article 3 – paragraph 1 – subparagraph 1 a (new)
In cases involving minor offences, it may be appropriate to grant the suspect or accused person access to a lawyer via telephone.
Amendment 28 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The lawyer shall have the right to be present at any questioningpolice interview and hearing. He shall have the right to ask questions, request clarification and make statements, which shall be recorded in accordance with national law.
Amendment 34 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Where appropriate, the rights of a child under paragraph 2, shall be extended to other vulnerable suspects or accused persons needing similar assistance, such as persons with physical or mental disabilities. If a police officer is told in good faith or suspects that the suspect or accused person has a physical or mental disability that would prevent him from being treated as an adult, the police officer shall treat that person in accordance with paragraph 2 in the absence of any clear evidence to the contrary.