Inside Police Custody 2
regulations, and administrative provisions necessary to give effect to the respective Directives. Therefore,
the project provided a timely opportunity to discover how the actions taken by member states were
working in practice, and to make an assessment of whether they complied with the requirements of the
respective Directives both in principle and in practice.
The study builds upon earlier research projects examining procedural rights at the investigative stage of
the criminal process. In particular, the study sought to adapt the methodology developed for the EU funded
project that was published in 2014 as Inside Police Custody: An Empirical Account of Suspects’ Rights in
Four Jurisdictions (Intersentia, Cambridge, 2014). That study also examined the three sets of rights that
are the subject of this study – in England and Wales, France, the Netherlands, and Scotland. However,
the fieldwork for that study was carried out before any of the three EU Directives had come into force. A
further study, using a similar methodology, was carried out in three non-EU states – Georgia, Moldova and
Ukraine – between 2013 and 2016.2
As noted earlier, the current project was co-ordinated by the ICCL, and managed by an experienced
project management team consisting of representatives from the ICCL and the Open Society Justice
Initiative (OSJI), together with the project research consultant, Professor Ed Cape of the University of the
West of England, Bristol, UK. Both the OSJI and Professor Cape had been members of the teams that
carried out the first Inside Police Custody project, and the subsequent project in Eastern Europe. The first
meeting of the whole project team took place in London in September 2016. A two-day fieldwork training
course for researchers from all national research teams was held, also in London, in January 2017. The
training was designed to acquaint researchers with the processes, methods and research instruments to
be used in the fieldwork, and to train them in those methods. A third meeting was held in Brussels in June
2018 to discuss initial results, analysis and plans for national advocacy. The project management team
also held regular telephone conferences with research teams to discuss progress, and any problems arising.
The research project consisted of four major elements: desk reviews; empirical research; analysis and
report writing; and national advocacy. The first two elements require further explanation.
Desk reviews
National teams were required to research and write desk reviews regarding their national systems.
The overall purpose of the desk reviews was to provide a critical, dynamic account of the system and
processes in each country in the study, using existing sources of information, in order to provide a context
against which data collected during the research study may be understood. The objective was two-fold:
firstly, to serve as a baseline concerning the laws, regulations, institutions and procedures relevant to
the realisation of suspects’ procedural rights in each jurisdiction; and secondly, to equip the country
researchers with sufficient contextual knowledge to undertake the empirical work. The desk reviews also
included relevant information from existing sources about criminal justice systems and processes using,
for example, official and other statistics, official reports and existing research (if any).
Empirical research
Following the method adopted in the first Inside Police Custody project, the original plan for the empirical
stage of the research consisted of three elements.
See also the report by the European Union Agency for Fundamental Rights, Rights of suspected and accused
persons across the EU: translation, interpretation and information (Vienna, 2016); and the report prepared by the
Bulgarian Helsinki Committee and partners, Right to a lawyer and to legal aid in criminal proceedings in five European
jurisdictions: Comparative report (Sofia, 2018) (available at https://tinyurl.com/ybe3cbqe).
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