25 Amendments of Timothy KIRKHOPE related to 2014/0408(COD)
Amendment 57 #
Proposal for a directive
Recital 10
Recital 10
Amendment 63 #
Proposal for a directive
Recital 16
Recital 16
(16) Children should not be able to waive their right of access to a lawyer because they are not able to fully understand and follow criminal proceedings. Therefore, the presence or assistance of a lawyer should be mandatory for children. However, in the event of a child refusing the presence of a lawyer, exceptions should be provided for given that a full consultation and evaluation have taken place and that the best interests of the child are taken into account.
Amendment 73 #
Proposal for a directive
Recital 20
Recital 20
(20) In order to ensure the personal integrity, welfare and health of a child who is arrested or detained, the child should have access to a medical examinationbe able to access medical care and be examined where necessary. The medical examination should be carried out by a physician.
Amendment 78 #
Proposal for a directive
Recital 21
Recital 21
(21) In order to ensure sufficient protection of children who are not always able to understand the content of interviews to which they are subject, to avoid any challenge of the content of an interview and thereby undue repetition of questioning, questioning of children should where necessary, proportionate, and possible, be audio-visually recorded. This does not include questioning necessary to identify the child.
Amendment 82 #
Proposal for a directive
Recital 25
Recital 25
(25) Children are in a particularly vulnerable position in relation to detention. Special efforts should be undertaken to avoid deprivation of liberty of children given the inherent risks for their physical, mental and social development. The competent authorities should consider alternative measures and impose such measures whenever this is in the best interests of the child and where suitable given the nature of the crime, and the threat to both the public and the child’s safety. This may include the obligation to report to a competent authority, a restriction on contact with specific persons, a requirement to undergo therapeutic treatment or treatment for addiction and participation in educational measures.
Amendment 83 #
Proposal for a directive
Recital 26
Recital 26
(26) When deprivation of liberty is imposed on children, they should benefit from special protection measures. In particular they should always be held separately from adults unless in exceptional circumstances it is considered in the child’s best interest not to do so, in accordance with Article 37(c) of the United Nations Convention of the Rights of the Child. When a detained child reaches the age of 18 years, there should be the possibility to continue the separate detention where warranted, taking into account the individual circumstances of the casea transitional period into adult detention. Particular attention should be paid to the way detained children are treated given their inherent vulnerability. Children should have access to educational facilities according to their needs.
Amendment 91 #
Proposal for a directive
Recital 29
Recital 29
(29) In order to ensure appropriate assistance and support of children, the holder of parental responsibility, legal guardian, or another appropriate adult should have access to the court hearings involving the suspected or accused child if believed to be in the best interests of the child.
Amendment 92 #
Proposal for a directive
Recital 30
Recital 30
(30) The right of an accused person to appear in person at the trial is based on the right to a fair trial provided for in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the European Court of Human Rights.
Amendment 97 #
Proposal for a directive
Recital 35
Recital 35
(35) This Directive sets minimum rules. Member States may extend the rights set out in this Directive in order to provide a higher level of protection. Such higher level of protection should not constitute an obstacle to the mutual recognition of judicial decisions that those minimum rules are designed to facilitate. The level of protection should never fall below the standards provided by this Directive, the Charter of Fundamental Rights of the European Union or the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted in the case law of the Court of Justice of the European Union and the European Court of Human Rights.
Amendment 98 #
Proposal for a directive
Recital 36
Recital 36
(36) Since the objectives of this Directive, namely setting common minimum standards across the European Union on procedural safeguards for children suspected or accused in criminal proceedings, cannot be sufficiently achieved by the Member States, but can rather, by reason of the scale of the measure, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve these objectives.
Amendment 108 #
Proposal for a directive
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
(1) their right to have the holders of parental responsibility and legal guardians informed as provided for in Article 5;
Amendment 109 #
Proposal for a directive
Article 4 – paragraph 1 – point 7
Article 4 – paragraph 1 – point 7
(7) their right that the holders of parental responsibility and legal guardians to have access to the court hearings, as provided for in Article 15;
Amendment 115 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure that the holder of parental responsibility or legal guardians of the child or, where that would be contrary to the best interests of the child, another appropriate adult, is provided with the information that the child receives in accordance with Article 4.
Amendment 120 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that children are assisted by a lawyer throughout the criminal proceedings in accordance with Directive 2013/48/EU. The right to access to a lawyer cannot be waived.
Amendment 125 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. For that purpose children shall be individually assessed. The assessment shall take particular account of the personality and maturity of the child and their economic and social backgroundindividual circumstances.
Amendment 136 #
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 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 againstand medical care in order to protect the welfare and health of the child.
Amendment 139 #
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, where necessary and possible, 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 144 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that children arthe deprivedation of liberty before their conviction only as a measure of last resortof a child is limited as greatly as possible, and for the shortest appropriate period of time. Due account shall be taken of the age and individual situation of the child, as well as the risk to both the safety of the child, and the safety of the public.
Amendment 154 #
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 in exceptional circumstances 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 warrantedfor a transitional period into adult detention facilities, taking into account the individual circumstances of the detained person.
Amendment 157 #
Proposal for a directive
Article 12 – paragraph 2 – point d a (new)
Article 12 – paragraph 2 – point d a (new)
(da) Ensure that the special requirements of those children with physical, sensory, and learning disabilities are provided for.
Amendment 161 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Amendment 163 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States shall ensure that the competent authorities take appropriate measures in criminal proceedings to protect the privacy, protection, and wellbeing of the child and family members, including their names and images. Member States shall ensure that the competent authorities do not publicly disseminate information that could lead to the identification of the child.
Amendment 165 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that the holder of parental responsibility and legal guardians or another appropriate adult as referred to in Article 5 have access to the court hearings involving the child, unless their presence is deemed to have an adverse effect upon the child or the criminal proceedings taking place.
Amendment 174 #
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Through their public services or by funding child support organisations, Member States shall encourage initiatives enabling those providing children with support and restorative justice services to receive adequate training to a level appropriate to their contact with children and observe professional standards to ensure such services are provided in an impartial, respectful and professional manner.
Amendment 177 #
Proposal for a directive
Article 20
Article 20