Activities of Timothy KIRKHOPE related to 2011/0129(COD)
Plenary speeches (1)
Minimum standards on the rights, support and protection of victims of crime (debate)
Amendments (16)
Amendment 277 #
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) information on the availability of health, psychological, social and other relevant services as well as the means of accessing such services before, during or after a trial has taken place, been postponed or cancelled along with legal or other advice or representation, compensation and emergency financial support, where applicable
Amendment 278 #
Proposal for a directive
Article 4 – paragraph 1 – point c b (new)
Article 4 – paragraph 1 – point c b (new)
(cb) information on the procedures of the adult and juvenile justice process, including the role of child victims, the importance, timing and manner of testimony, and ways in which interviews will be conducted during the investigation and the trial
Amendment 279 #
Proposal for a directive
Article 4 – paragraph 1 – point c c (new)
Article 4 – paragraph 1 – point c c (new)
(cc) information on the existing support mechanisms for the victim when making a complaint and participating in the investigation and court proceedings
Amendment 292 #
Proposal for a directive
Article 5
Article 5
Member States shall take measures to ensure that all victims, taking account of their individual and specific needs, understand and can be understood during any interaction they have with public authorities in criminal proceedings, including where information is provided by such authorities.
Amendment 295 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that victims who do not understand or speak the language of the criminal proceedings concerned are provided if they so wish with interpretation, free of charge, during any interviews or questioning of the victim during criminal proceedings before investigative and judicial authorities, including during police questioning, and interpretation for their participation in court hearings and any necessary interim hearings. This interpretation shall take into account the specific needs of the victim and the extent to which he or she may need additional support to understand the full meaning and implication of any oral exchange. Measures shall be taken to ensure that this is explained in a sensitive and user- friendly manner taking due account of the victim’s age and level of maturity.
Amendment 302 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In order to ensure that victims can exercise their rights in criminal proceedings, Member States shall ensure that in all other cases and at the request of the victim, interpretation is available, free of charge, in accordance with the victims’ individual and specific needs and their role in those proceedings. in order to ensure that the victim completely understands any information communicated
Amendment 304 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where appropriate, communication technology such as videoconferencing, telephone or internet may be used, unless the physical presence of the interpreter is required in order for the victim to properly exercise their rights or understand the proceedings. Where the victim is a child, it shall be ensured that any room or waiting area allocated to the victim for videoconferencing or for any interviews or questioning is child-friendly and non- threatening.
Amendment 341 #
Proposal for a directive
Article 9
Article 9
Member States shall ensure that all victims may be heard during criminal proceedings and may supply evidence, taking special consideration of individual circumstances and specific needs where appropriate, may be heard during criminal proceedings and may supply evidence. Every child should be treated as a capable witness, subject to examination, and his or her testimony should not be presumed invalid or untrustworthy by reason of the child's age alone as long as his or her age and maturity allow the giving of intelligible and credible testimony with or without appropriate communication aids and tools.
Amendment 375 #
Proposal for a directive
Article 12
Article 12
Member States shall ensure that victims have access, in accordance with procedures in national law, to legal aid, where they have the status of parties to criminal proceedings. Children shall have the right to their own legal counsel and representation, in their own name, in proceedings where there is, or could be, a conflict of interest between the child and the parents or other involved parties.
Amendment 439 #
Proposal for a directive
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. Member States shall recognise that men can be victims of domestic violence as well as women and the consequences are equally detrimental to both sexes.
Amendment 441 #
Proposal for a directive
Article 18 – paragraph 3 b (new)
Article 18 – paragraph 3 b (new)
3b. Member States are urged to recognise the wider family unit when violent and physical crime has occurred since such crime not only has an impact on the victim her or himself but, potentially, also on the victim's spouse, parents and children.
Amendment 468 #
Proposal for a directive
Article 20 – point c a (new)
Article 20 – point c a (new)
(ca) the room used for interviews enables the victim to feel comfortable. Special consideration shall be made for child victims who should be accommodated in child-friendly rooms which are non- threatening;
Amendment 470 #
Proposal for a directive
Article 20 – point c b (new)
Article 20 – point c b (new)
(cb) medical examinations, particularly for victims with specialised needs and for children, should only be conducted when absolutely necessary.
Amendment 474 #
Proposal for a directive
Article 21 – paragraph 2 – point a
Article 21 – paragraph 2 – point a
(a) interviews with the victim carried out in premises designed or adapted for that purpose and in premises specifically tailored to the needs of the individual victim;
Amendment 482 #
Proposal for a directive
Article 21 – paragraph 3 – point d a (new)
Article 21 – paragraph 3 – point d a (new)
(d) measures allowing a hearing to take place without the presence of the media;
Amendment 483 #
Proposal for a directive
Article 21 – paragraph 3 – point d b (new)
Article 21 – paragraph 3 – point d b (new)
(db) measures ensuring that the protection of privacy is mandatory for child victims, in particular through restricting disclosure of information that may lead to the identification of that child victim.