Activities of Baroness Sarah LUDFORD related to 2011/0154(COD)
Shadow reports (1)
REPORT 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 PDF (400 KB) DOC (431 KB)
Amendments (10)
Amendment 72 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) The right of the suspect or accused person to communicate with his lawyer should ordinarily include the opportunity of the person concerned to meet his lawyer. In respect of certain relatively minor cases however, the right to obtain legal assistance can be by telephone.
Amendment 87 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. This Directive does not cover preliminary questioning by the police or other law enforcement officers, immediately after the apprehension of a suspect, the purpose of which is to determine whether an investigation should be started or if there are any safety issues.
Amendment 105 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Notwithstanding provisions of national law concerning the mandatory presence of a lawyer, in all cases where the suspect or accused person is deprived of liberty, and in any event during the trial stage before a court having jurisdiction in criminal matters, Member States shall ensure that a suspect or accused person is effectively able to exercise his right of access to a lawyer, unless he has waived this right in accordance with Article 9. Before a case is before a court having jurisdiction in criminal matters, Member States may, but are not obliged to, assist a person who is not detained in exercising his right of access to a lawyer. They shall at least provide information on this right in accordance with the Directive on right to information in criminal proceedings 2010/0215(COD). In any event, Member States should not prevent a person from contacting or consulting with a lawyer on matters concerning his defence.
Amendment 106 #
Proposal for a directive
Article 3 – paragraph 2 b (new)
Article 3 – paragraph 2 b (new)
2b. In cases involving minor offences, the access to a lawyer for the suspect or accused person may be via telephone.
Amendment 121 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The lawyer shall have the right to be present at any otherMember States shall determine in their national law in respect of which investigative or other evidence-gathering act at whichs the suspect or accused person’s presence is required or permitted as a right, in accordance wi has the right for his lawyer to attend, provided evidence will not be altered, removed or destroyed pending the lawyer’s arrival. In addition, the suspect or accused person shall have the right for his lawyer to attend at least the following investigative or other evidence-gathering acts, if they exist in the national law, unless this would prejudice the acquisi concerned: (i) identity parades; (ii) confrontations; (iii) experimental reconstructions of evidence. the scene of crime.
Amendment 139 #
Proposal for a directive
Article 7
Article 7
Member States shall ensure thatguarantee the confidentiality of meetingscommunication between thea suspect or accused person and his lawyer is guaranteed. They shall also ensure the confidentiality ofrelating to the defence and the preparation of the case, including meetings, correspondence, telephone conversations and any other forms of communication permitted under national law between the suspect or accused person and his lawyer.
Amendment 140 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
In exceptional circumstances Member States may derogate from paragraph 1 on a case-by-case basis where this is regulated by national law, and a) when there is sufficient reason to believe that the privilege between lawyer and client is being abused or b) where there is reason to believe that the lawyer concerned has colluded in a criminal offence with the suspect or accused person, and the derogation is granted by a judicial authority.
Amendment 159 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that any person other than a suspect or accused person who is heard by the police or other enforcement authority in the context of a criminal procedure is granted access to a lawyer if, in the course of questioning, interrogation or hearing, he becomes suspected or accused of having committed a criminal offence. Where a lawyer is requested by the suspect or accused person, the proceedings shall be postponed until the person has had the opportunity to have access to a lawyer.
Amendment 172 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 174 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall ensure that the question of the value to be given to statements made by the suspect or accused person or evidence obtained in breach of his right to a lawyer or in cases where a derogation to this right was authorised in accordance with Article 8, may not be used at any stage of the procedure as evidence against him, unless the use of such evidence would not prejudice the rights of the defencethis Directive, shall be determined by that court being responsible for ensuring the overall fairness of the proceedings, in accordance with national legal procedures.