Activities of Baroness Sarah LUDFORD related to 2010/0215(COD)
Plenary speeches (1)
Right to information in criminal proceedings (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the right to information in criminal proceedings PDF (353 KB) DOC (377 KB)
Amendments (21)
Amendment 28 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
Amendment 37 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21a) The competent authority must make efforts to ensure, so far as practicable, that the suspected or accused person understands the rights which have been explained to him.
Amendment 46 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) This Directive should be evaluated in the light of the practical experience gained. If appropriate, it should be amended so as to improve the safeguards which it lays down,
Amendment 48 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. "Competent authorities" shall include, but not be limited to, police and other investigatory authorities, prosecutors, magistrates and judges.
Amendment 53 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Where the law of a Member State provides for the imposition of a sanction regarding minor offences by an authority other than a court having jurisdiction in criminal matters, and the imposition of such a sanction may be appealed to such a court, this Directive shall apply only to the proceedings before that court following such an appeal.
Amendment 55 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that any person who is suspected or accused of having committed a criminal offence is provided promptly with information on his procedural rights in simple and accessible language. That information shall be provided at the point when those rights become applicable, and in any event before questioning by law enforcement authorities, in due time to allow their effective exercise.
Amendment 61 #
Proposal for a directive
Article 3 – paragraph 2 – introductory part
Article 3 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall include as a minimum, as they apply under national law:
Amendment 62 #
Proposal for a directive
Article 3 – paragraph 2 – indent 1 a (new)
Article 3 – paragraph 2 – indent 1 a (new)
– any entitlement to legal advice free of charge and the conditions for obtaining it,
Amendment 64 #
Proposal for a directive
Article 3 – paragraph 2 – indent 4
Article 3 – paragraph 2 – indent 4
Amendment 76 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a person is arrested by the competent authorities of a Member State in the course of criminal proceedings, he shall be promptly provided with information about his procedural rights in writing (Letter of Rights). He shall be given an opportunity to read the Letter of Rights and be allowed, save in exceptional circumstances, to keep it in his possession throughout the time he is deprived of his liberty.
Amendment 81 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure that when a person is arrested, the Letter of Rights should also contain information on the maximum length of deprivation of liberty before being brought before a judicial authority after arrest, on rights to contact a family member or other trusted person and on entitlement to medical care, as they apply in national law.
Amendment 85 #
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Member States shall ensure that all translations of the Letter of Rights meet the quality required under Directive 2010/64/EU.
Amendment 86 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Where a Letter of Rights is not available in the appropriate language, the suspected or accused person shall be informed of his rights orally in a language he understands and shall have the right, where necessary, to interpretation which meets the quality requirements under Directive 2010/64/EU. A Letter of Rights in a language he understands shall then be given to him without undue delay.
Amendment 90 #
Proposal for a directive
Article 6 – title
Article 6 – title
The right to information about the chargealleged criminal act
Amendment 95 #
Proposal for a directive
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. The information to be givenreferred to in paragraph 1 shall be provided in detail and at the latest upon submission of the merits of the accusation to the judgment of a court and shall include:
Amendment 97 #
Proposal for a directive
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
(a) a description of the circumstances in which the offence was committed, including the time, place and degree of participation in the offence by the suspected or accused personacts which the suspected or accused person is alleged to have committed, including time and place and
Amendment 98 #
Proposal for a directive
Article 6 – paragraph 3 – point b
Article 6 – paragraph 3 – point b
(b) the nature andof the offence, including its legal classification of the offence.,
Amendment 99 #
Proposal for a directive
Article 6 – paragraph 3 – point b a (new)
Article 6 – paragraph 3 – point b a (new)
(ba) any change in the nature of the offence, including its legal classification,
Amendment 105 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where a suspected or accused person is arrested and detained at any stage of the criminal proceedings, Member States shall ensure that he or his lawyer is granted access to those documents contained in the case-file which are relevant for the determination of the lawfulness of the arrest or detentionall information which relates to the specific case in the possession of the competent authorities and which is essential to effectively challenge the lawfulness of the arrest or detention under national law, is made available to the arrested person or his lawyer.
Amendment 106 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall ensure that an accused person or his lawyer is granted access to the case-file once the investigation of the criminal offence is concluded. Access to certain documents contained in the case-file may be refused by a competent judicial authority where access to these documents may lead to serious risk to the life of another person or may seriously harm the internal security of the Member State in which the proceedings take place. Where it is in the interccess is granted at least to all material evidence in the possession of the competent authorities for or against the suspected or accused person to that person or his lawyer to safeguard the fairness of the proceedings and to prepare the defence. This shall include accests of justice, the accused person or his lawyer may request an index of the documents containto any new evidence or material facts which emerge during the proceed in the case-filegs.
Amendment 113 #
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. By way of exception to paragraphs 2 and 3, provided that it does not prejudice the right to a fair trial, access to certain materials may be refused if it may lead to serious risk for the fundamental rights of another person or if it is strictly necessary to safeguard an important public interest, such as in the cases where it risks jeopardising an ongoing investigation, or where it may seriously harm the national security of the Member State in which the proceedings take place. These limitations should be interpreted strictly and in accordance with the principle of the right to a fair trial as provided for by the ECHR and interpreted by case-law of the European Court of Human Rights.