41 Amendments of Arlene McCARTHY related to 2010/0215(COD)
Amendment 37 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) Article 3 of the ECHR obliges Member States to ensure that a person’s health and well-being are adequately secured, including by providing a person deprived of his or her liberty with medical assistance. Information on this right should therefore be provided on arrest.
Amendment 40 #
Proposal for a directive
Article 3 – paragraph 2 – indent 1
Article 3 – paragraph 2 – indent 1
– the right of access to a lawyer, where necessary free of charge,
Amendment 41 #
Proposal for a directive
Article 3 – paragraph 2 – indent 1 a (new)
Article 3 – paragraph 2 – indent 1 a (new)
- the conditions for obtaining access to a lawyer free of charge,
Amendment 42 #
Proposal for a directive
Article 3 – paragraph 2 – indent 2
Article 3 – paragraph 2 – indent 2
– the right to be informed of the charge and, where appropriate, to be given access to evidentiary materials of the case-file,
Amendment 44 #
Proposal for a directive
Article 3 – paragraph 2 – indent 4 a (new)
Article 3 – paragraph 2 – indent 4 a (new)
- the right to remain silent, and any implications there may be in exercising this right under national law.
Amendment 46 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a person is arrested or detained 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 to keep it in his possession throughout the time he is deprived of his liberty.
Amendment 47 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Letter of Rights shall be drafted in simple language and shall include at least that information referred to in Article 3(2) and in paragraph 2a of this Article. Annex I to this Directive contains an indicative model of such a Letter.
Amendment 49 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. In addition of to the information to be given under Article 3, the person arrested or detained shall be informed about the following: (a) for how many hours or days he or she may be deprived of liberty before being brought before a judicial authority; (b) how to challenge the arrest and how to obtain a review of his or her detention; (c) the maximum period of pre-trial detention applicable to his or her case; (d) the right to contact family, friends, and consular officials; (e) the right to medical care; (f) where applicable, the right to apply for supervision measures as an alternative to provisional detention.
Amendment 50 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that, where the suspected or accused person does not speak or understand the language of the proceedings, he receives the Letter of Rights in a language he understands. Member States shall ensure that a mechanism is in place to convey the information to a suspected or accused person who is partially sighted or cannot read. Where the suspected or accused person is a childvulnerable due to age, incapacity or any other reason, the information contained in the Letter of Rights shall also be provided orally in a manner adapted to the childperson's age, level of maturity and intellectual and emotional capacities.
Amendment 51 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. WhereIn the exceptional case that 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. A Letter of Rights in a language he understands shall then be given to him without undue delay.
Amendment 53 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The information required pursuant to paragraph 1 shall be delivered promptly and in detail and in a language that the suspected or accused person understands. In the case of a childa person is vulnerable due to age, incapacity or any other reason, information about the charges shall be provided in a manner adapted to his or her age, level of maturity and intellectual and emotional capacities.
Amendment 54 #
Proposal for a directive
Article 7 – title
Article 7 – title
The right to access toevidentiary materials of the case-file
Amendment 56 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where a suspected or accused person is arrested or 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 detention.
Amendment 57 #
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-filevidentiary materials of the case 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 interests of justice, the accused person or his lawyer may request an index of the documents contained inevidentiary materials of the case-file.
Amendment 59 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Access to the case-filevidentiary materials of the case shall be provided in good time to allow the suspected or accused person to prepare his defence or challenge pre-trial decisions. It shall be provided free of charge.
Amendment 61 #
Proposal for a directive
Article 8 – title
Article 8 – title
Amendment 62 #
Proposal for a directive
Article 8 – paragraph -1 (new)
Article 8 – paragraph -1 (new)
-1. Member States shall ensure that a suspected or accused person has the right to challenge, in accordance with procedures in national law, the possible failure or refusal of the competent authorities to provide the information required in accordance with the provisions of this Directive.
Amendment 63 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that a procedure is in place to ascertain whether a suspected or accused person has received all information relevant to him in accordance with Articles 3 to 7this directive.
Amendment 64 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. Member States shall ensure that the competent authorities maintain a custody record concerning anyone arrested or detained. At a minimum this record shall include: - the reasons for arrest and detention - the information provided to the arrested or detained person concerning their rights including, where the notification of rights is made orally in accordance with Article 4(4), a record of the giving of a letter of rights that allows for verification of the content of the notification.
Amendment 65 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 66 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 68 #
Proposal for a directive
Annex I – table – point C a (new)
Annex I – table – point C a (new)
Ca. not to say anything when questioned
Amendment 69 #
Proposal for a directive
Annex I – table – point D a (new)
Annex I – table – point D a (new)
Da. to contact your family, friends, and consular officials
Amendment 70 #
Proposal for a directive
Annex I – table – point D a (new)
Annex I – table – point D a (new)
Da. to medical care
Amendment 71 #
Proposal for a directive
Annex I – Title C – indent 4 a (new)
Annex I – Title C – indent 4 a (new)
- Without the assistance of an interpreter you shall not be asked to sign a document in a language you do not understand. Refusing to sign a document in a language you do not understand will not be held against you.
Amendment 72 #
Proposal for a directive
Annex I – Title C a (new)
Annex I – Title C a (new)
Ca. The right not to say anything - you have the right not to say anything when questioned by police.
Amendment 73 #
Proposal for a directive
Annex I – Title C b (new)
Annex I – Title C b (new)
Cb. Contacting friends, family, and consular authorities – You have the right to contact your friends and family, – The police must help you contact your friends, family and, where applicable, your country's consular authority or embassy. They must do this as soon as possible after you have been detained. – People from the embassy or consular authority can visit you and arrange for a lawyer to assist you.
Amendment 75 #
Proposal for a directive
Annex II – table – point C a (new)
Annex II – table – point C a (new)
Ca. to contact friends, family, and consular officials
Amendment 76 #
Proposal for a directive
Annex II – table – point D
Annex II – table – point D
D. to be informed of your righdecide whether or not to agree to be surrendered under the European Arrest Warrant
Amendment 77 #
Proposal for a directive
Annex II – table – point E a (new)
Annex II – table – point E a (new)
Ea. to ongoing information and regular review of your detention
Amendment 78 #
Proposal for a directive
Annex II – table – point F a (new)
Annex II – table – point F a (new)
Fa. to medical care
Amendment 79 #
Proposal for a directive
Annex II – Title A
Annex II – Title A
– You have a right to know why you are sought by anoof what offence you are suspected or have been convicted in ther country which has requested your surrender.
Amendment 80 #
Proposal for a directive
Annex II – Title A – indent 1 a (new)
Annex II – Title A – indent 1 a (new)
– You have a right to know the contents of the arrest warrant sent from the other country (European Arrest Warrant).
Amendment 81 #
Proposal for a directive
Annex II – Title C – indent 4 a (new)
Annex II – Title C – indent 4 a (new)
– Without the assistance of an interpreter you shall not be asked to sign a document in a language you do not understand. Refusing to sign a document in a language you do not understand will not be held against you.
Amendment 82 #
Proposal for a directive
Annex II – Title C a (new)
Annex II – Title C a (new)
Ca. Contacting friends, family, and consular authorities – You have the right to contact your friends and family, – The police must help you contact your friends, family and, where applicable, your country's consular authority or embassy. They must do this as soon as possible after you have been detained. – People from the embassy or consular authority can visit you and arrange for a lawyer to assist you.
Amendment 83 #
Proposal for a directive
Annex II – Title D
Annex II – Title D
D. Your right to agree to sSurrender
Amendment 84 #
Proposal for a directive
Annex II – Title D – indent 1
Annex II – Title D – indent 1
– You have the right to decide whether or not to agree to being surrendered under a European Arrest Warrant. This should speed the procedure up.
Amendment 85 #
Proposal for a directive
Annex II – Title D – indent 2
Annex II – Title D – indent 2
– If you agree to be surrendered, it may be difficult to change this decision at a later stage. You should speak to a lawyer before deciding whether or not to agree to surrender. There are particular grounds you can rely on to prevent surrender. A lawyer can assist you in deciding whether they apply in your case.
Amendment 86 #
Proposal for a directive
Annex II – Title E a (new)
Annex II – Title E a (new)
Ea. Ongoing information and regular review of detention - you are entitled to ongoing information concerning the reasons for your detention and regular review of these reasons - If you are not released, you must be brought before a judge within [X] hours after you have been deprived of your liberty.
Amendment 88 #
Proposal for a directive
Annex II – Title E – indent 1
Annex II – Title E – indent 1
– If you do not consentagree to be sent to the Member State seeking you, you are entitled to go before a judge and to explain why you don't consenturrendered under a European Arrest Warrant you have the right to a hearing where the judge will decide whether the European Arrest Warrant has been correctly, legally and appropriately issued and whether you should be sent to the country which is seeking your surrender.
Amendment 89 #
Proposal for a directive
Annex II – Title E – indent 1 a (new)
Annex II – Title E – indent 1 a (new)
- You have the right to be represented by a lawyer at this hearing. If you are not able to afford a lawyer, you must be provided with information about how to get legal assistance.