For arrested persons, when if at all do they receive a written notification of
their rights? Is this a record of an oral notification, or a separate document? Is
this letter provided before questioning and is the suspect able to keep it? Is
the drafting easily comprehensible? Are translations available for nonnationals?
Notification of accusations
What information is received by suspected persons upon arrest? What form
does this notification take?
What detail of the suspicion is provided at the point of arrest regarding (i) the
acts which the person is suspected of having committed; and (ii) the legal
classification given to those acts? Think about what is required under law, and
what is actually supplied in practice.
Access to the case file
Are supplementary materials provided with the accusation at the point of
questioning? Who makes this decision? Is this judicially controlled?
Are materials provided during the investigative phase prior to the trial itself?
What restrictions apply? Who makes the decision? Is this judicially controlled?
Are there specific provisions governing the issue of access to documents in the
context of pre-trial detention / arrest decisions?
2. Speak to colleagues / bar associations
It seems likely that the Directive, and possibly national implementing measures, will not immediately
become known to all concerned. Yet, if more lawyers are aware of the measures and seek to rely on
them, police and courts will notice recurrent arguments. This will make the issue harder to ignore
and enhance the credibility of arguments based on the Directive. We suggest:
Spread the word:
Enquire with local / national Bar Associations to see if they have any existing
intelligence, resources or initiatives relating to these issues. If not, suggest it.
Circulate this Toolkit among legal networks and through Bar Associations.
The discussion surrounding the Directives and how to use them is new and a key part of the
implementation strategy developed by LEAP. In that context, LEAP Advisory Board member for
Portugal, Vania Costa Ramos, has written about using another of the Directives in Portuguese
criminal practice and we would encourage you to read the English translation we have made
available.19 If you have written something which you think could help colleagues in other EU
Member States, please contact us.
19
Vania Costa Ramos, ‘The use of European law in criminal practice’, English translation provided by Fair Trials, available at
http://www.fairtrials.org/publications/article-the-use-of-european-law-in-criminal-proceedings/.
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