Activities of Timothy KIRKHOPE related to 2010/0215(COD)
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 (13)
Amendment 30 #
Proposal for a directive
Recital 18
Recital 18
(18) Information about rights should be given to all suspected and accused persons promptly at the outset of criminal proceedings, be it orally or in writing. Information about rights to be given under this Directive should as a minimum requirement under this Directive include information on the right of access to a lawyer, the right to be informed of the charge and, where appropriate, to be given access to the case-filmaterials of the case, the right to interpretation and translation for those who do not understand the language of the proceedings and the right to be brought promptly before a court if the suspected or accused person is arrested. This is without prejudice to information to be given on other procedural rights stemming from the Charter, the ECHR, the ICCPR and applicable EU legislation as interpreted by the relevant courts and tribunals.
Amendment 34 #
Proposal for a directive
Recital 19
Recital 19
(19) Where a suspected or accused person is arrested, information about these immediately relevant procedural rights should be given by means of a written Letter of Rights drafted in an easily comprehensible manner so as to ensure that he has an actual understanding of his rights. To help Member States design such a Letter of Rights and to promote greater consistency between Member States, aA model of the Letter of Rights, which Member States may use, is provided in Annex I to the Directive. This model is indicative and may be subject to review in the context of the report on implementation to be presented by the European Commission pursuant to Article 12 of the Directive and also once all the Roadmap measures have come into force. The actual letter based on this model should also include other relevant procedural rights that apply in Member States.
Amendment 35 #
Proposal for a directive
Recital 21
Recital 21
(21) The most effective way of ensuring that a suspected or accused person has sufficient information about the charge is to allow him or his lawyer access to the case-filmaterials of the case. This access may be restricted where it poses a serious risk to the life of another person or the internal security of the Member State.
Amendment 40 #
Proposal for a directive
Recital 24
Recital 24
(24) In accordance with the United Nations Convention on the Rights of the Child, a child means every person below the age of 18 years. Ind with all relevant laws of the Member States, in all action relating to children, the child's best interests must be a primary consideration.
Amendment 43 #
Proposal for a directive
Recital 25
Recital 25
(25) The rights provided for in this Directive should also apply, mutatis mutandis, to proceedings for the execution of a European Arrest Warrant according to the Council Framework 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States. To help Member States design such a Letter of Rights and to promote greater coherence between Member States aA model form of the Letter of Rights, which Member States may use, is provided in Annex 1 to the Directive. This model form is indicative and may be subject to review in the context of the report on implementation to be presented by the European Commission pursuant to Article 12 of the Directive and also once all the Roadmap measures have come into force.
Amendment 45 #
Proposal for a directive
Recital 26
Recital 26
(26) The provisions of this Directive set minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection in situations not explicitly dealt with in this Directive. The level of protection should never go below the standards provided by the ECHR, as interpreted in the case-law of the European Court of Human Rights.
Amendment 63 #
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 the case-filmaterials of the case,
Amendment 79 #
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 to keep it in his possession throughout the time he is deprived of his liberty, unless deemed inappropriate for security reasons or reasons of personal safety.
Amendment 84 #
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 or has difficulty with literacy. Where the suspected or accused person is a child, the information contained in the Letter of Rights shall also be provided orally in a manner adapted to the child's age, level of maturity and intellectual and emotional capacities.
Amendment 104 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Where a suspected or accused person is arrested at any stage of the criminal proceedings, Member States shall ensure that he or his lawyer is granted access to those documents contained ine materials of the case-file, which are relevant for the determination of the lawfulness of the arrest or detention. However, it may be necessary to withhold certain materials which may compromise national security, the safety of persons involved in the investigation, or jeopardise another investigation.
Amendment 108 #
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-filmaterials 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 inmaterials of the case-file.
Amendment 112 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Access to the case-filmaterials 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 114 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Where the notification of rights is made orally in accordance with Article 4(4), it shall be recorded in such a manner as to allow verification of the content of the notification where necessary.