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This empirical study of the procedural rights of suspects in four
EU jurisdictions - France, Scotland, the Netherlands and England
and Wales - focuses on three of the procedural rights set out in
the EU Roadmap for strengthening the procedural rights of suspected
or accused persons in criminal proceedings - the right to
interpretation and translation; the right to information and the
letter of rights; and the right to legal assistance before and
during police interrogation. In order to examine how these
procedural rights operate in practice, the authors spent between
two and five months in eight field sites across the four
jurisdictions. During this time they observed lawyers and police
officers during the period of police custody; examined case
records; observed lawyer-client consultations; and attended suspect
interrogations. Furthermore, they conducted 75 interviews with
police officers, lawyers and accredited legal representatives. In
addition to producing and analysing empirical data, the authors
have developed training guidelines for lawyers and police officers
involved in the police detention process for use across the EU. The
project team also produced a series of recommendations for
legislative and policy changes designed to ensure better
enforcement of the EU procedural rights' instruments that are
envisaged in the Stockholm Programme. The was carried out by the
Universities of Maastricht, Warwick and the West of England,
together with JUSTICE. Avon and Somerset Police and the Open
Society Justice Initiative were also collaborators on the project.
Every year, millions of people across Europe - innocent and guilty
- are arrested and detained by the police. For some, their cases go
no further than the police station, but many others eventually
appear before a court. Many will spend time in custody both before
and following trial. Initial attempts by the European Union to
establish minimum procedural rights for suspects and defendants
failed in 2007, in the face of opposition by a number of Member
States who argued that the European Court of Human Rights (ECHR)
rendered EU regulation unnecessary. However, with ratification of
the Lisbon Treaty, criminal defense rights are again on the agenda.
Based on a three year research study, this book explores and
compares access to effective defense in criminal proceedings across
nine European jurisdictions (Belgium, England/Wales, Finland,
France, Germany, Hungary, Italy, Poland, and Turkey) that
constitute examples of the three major legal traditions in Europe:
inquisitorial, adversarial, and post-state socialist. Part I sets
out the research methodology and analysis of the baseline
requirements that, according to ECHR case law, have an impact on
the rights of the accused. In addition to the general fair trial
rights (the presumption of innocence, the right to silence,
equality of arms, and the (conditional) right to release pending
trial) the rights explored include: the right to information, the
right to legal assistance and legal aid, and a number of procedural
rights (the right to adequate time and facilities to prepare a
defense, participation rights, the right to free interpretation and
translation, and the right to reasoned decisions and to appeal).
Part II consists of a description and critical analysis of access
to effective criminal defense in the nine countries examined. Part
III includes a cross-jurisdictional analysis of compliance, in law
and in practice, with the ECHR requirements. It also contains an
analysis of how they interrelate, and of whether structures,
systems, and legal cultures exist to enable individuals to
effectively exercise these rights. This book contributes to
implementation of the rights of suspects and defendants to a real
and effective defense, especially for those who lack the means to
pay for legal assistance themselves. The recommendations are
designed to contribute to the development of meaningful policies
and processes that will help to ensure effective criminal defense
across the EU. The book is essential reading for academics,
researchers, students, defense lawyers, and policy-makers in the
area of criminal justice in Europe.
Defending Suspects at Police Stations is the definitive guide for
those advising detainees at the police station. It is an essential
purchase for solicitors, duty solicitors, custody officers,
criminal law students and in particular for those preparing for
police station accreditation. Ed Cape's authoritative guidance is
unrivalled. Comprehensive yet highly accessible and practical, Cape
provides the answers to every day practical questions and problems.
Initial chapters explain the basic principles of defending clients
at the investigative stage and examine the key provisions of PACE
and the Codes of Practice. Subsequent chapters tackle the various
stages of advising a client including taking instructions, advising
on 'silence', interview strategies, samples and searches,
identification procedures and the charge decision. The book also
includes dedicated chapters on advising and assisting vulnerable
clients, on enforcement of the PACE and Code provisions, and on
advising immigration detainees.
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