16 Amendments of Jean LAMBERT related to 2014/0408(COD)
Amendment 61 #
Proposal for a directive
Recital 12
Recital 12
(12) This Directive should be implemented taking into account the provisions of Directive 2012/13/EU and Directive 2013/48/EU. Information with regard to minor offences should be provided under the same conditions as provided for by Article 2(2) of Directive 2012/13/EU. However, this Directive provides further complementary safeguards with regard to information to be provided to the holder of parental responsibility and mandatory access to a lawyer in order to take into account the specific needs of children.
Amendment 66 #
Proposal for a directive
Recital 17
Recital 17
Amendment 69 #
Proposal for a directive
Recital 18
Recital 18
Amendment 101 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Directive applies to suspects or accused persons subject to criminal proceedings referred to in paragraph 1, and to persons subject to European arrest warrant proceedings referred to in paragraph 2, who are no longer children in the course of those proceedings, which starrelate to offences allegedly committed when they were children.
Amendment 113 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that, where children are deprived of liberty they shall be provided with a Letter of Rights given to them pursuant to Directive 2012/13/EU, which includes their rights under this Directive as well as information on the charges against them in simple, age appropriate language, which takes into account his or her age and degree of maturity. Member States shall require that all steps are taken to ensure the child understands his or her rights and the nature of the charges, through verification and additional oral explanation, as necessary.
Amendment 119 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that children are assisted by a lawyer throughoutat every stage of the criminal proceedings in accordance with Directive 2013/48/EU. The right to access to a lawyer cannot be waived.
Amendment 126 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The individual assessment shall take place at anthe earliest appropriate stage of the proceedings, and in any event, before indictment.
Amendment 130 #
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Member States may derogate from the obligation in paragraph 1 only whenre it is not proportionate to carry out an individual assessment taking into account the circumstances of the case and whether or not the child has previously come to the attention of Member State authorities in the context of criminal proceedingsecessary to do so in the best interests of the child.
Amendment 134 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In case of deprivation of liberty of a child, Member States shall ensure that the child has access to a prompt medical examination with a view, in particular, to assessing the general mental and physical condition of the child with the aim to determine the capacity of the child to face questioning or other investigative or evidence gathering acts or any measures taken or envisaged against the childto evaluate, protect and improve the child’s physical and mental health and ensure that they receive appropriate treatment.
Amendment 137 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that any questioning of children by police or other law enforcement or judicial authority carried out prior to the indictment is audio- visually recorded, unless it is not proportionate taking into account the complexity of the case, the seriousness of the alleged offence and the potential penalty that can be incurred.
Amendment 147 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that any deprivation of liberty of children before their conviction is subject to a periodic review by a courtEvery child arrested and deprived of his or her liberty should be brought before a competent court to examine the legality of their deprivation of liberty. Member States shall ensure that any deprivation of liberty of children before their conviction is subject to a periodic review, at reasonable intervals of time, by a court. Every child deprived of liberty has the right to challenge the legality of the deprivation of liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action.
Amendment 152 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that children are detained separately from adults, unless it is considered in the child’s best interest not to do so. When a detained child reaches the age of 18 years, Member States shall provide the possibility to continue the separate detention where warranted, taking into account the individual circumstances in the interest of both the individual who has become of age and of othe detained personr children concerned.
Amendment 167 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that children are present at the trialcan participate in the trial and shall take all necessary steps to enable their understanding and full participation, including by giving them the opportunity to be heard and to express their views where this is in their best interests.
Amendment 170 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall ensure that where children were not present at the trial resulting in a decision on their guilt, they shall have the right to a procedureretrial in which they have the right to participate and which allows a fresh determination of the merits of the case, including examination of new evidence, and which may lead to the original decision to be reversed.
Amendment 171 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall ensure that national law in relation to legal aid guarantees the effective exercise of the right to access to a lawyer as referred to in Article 6 by making sure legal aid provided to children is accessible, age-appropriate, effective and responsive to the specific legal and social need of children. Children shall receive priority for legal aid and shall always be exempt from a means test.
Amendment 176 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Non-discrimination 1. Member States shall respect and ensure the rights set forth in this Directive as regards any child within their jurisdiction without discrimination of any kind, and irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, sexual orientation, language, religion, political or other opinion, nationality, ethnic or social origin, property, disability, birth or other status. 2. Member States shall promote training of all professionals involved in the administration of juvenile justice, specifically in the light of particularly vulnerable groups of children, such as street children, children belonging to racial, ethnic, religious or linguistic minorities, migrant children, indigenous children, girls, children with disabilities and children who are repeatedly in conflict with the law, who may be victims of a lack of consistent policy and de facto discrimination. Their effective access to justice shall be ensured.