B. IMPLEMENTATION CHECKLIST (1): CRIMINAL PROCEEDINGS Provision(s)  Questions in each area Article 1, 2(1)  Recital(s) 12, 13 Review national procedures – what should be regarded as ‘criminal proceedings’?  Observations / linked ECHR, EU or international standards / comparative good and bad practice examples - Enter your answers or comments about your system in the box below Please ensure your answers specify the relevant legal provisions etc. Subject matter / scope The concept of ‘criminal proceedings’ has not yet been defined by the CJEU. See the ECtHR case-law in Engel v. Netherlandsi for the criteria as to when Article 6 ECHR applies. See examples of atypical proceedings regarded as criminal in nature, eg. Hammerton v. United Kingdomii. Recital 13 indicates minor military discipline matters and prison offending are outside of the scope. You may wish to consider: customs; contempt of court; military discipline; prison adjudications; proceedings relating to sentencing which may extend custodial sentences; special contexts eg. arrests at sea, overseas military operations; ad-hoc tribunals established for major sporting events etc. Your answers here      -   Article 2(1) Article 2(3) 21   The Directive applies to ‘suspected or accused persons’, which is clearly intended to be a broad definition catching all persons. It applies ‘irrespective of whether they are deprived of liberty’. See the ECtHR case-law concerning the concept of being ‘charged’, whereby Article 6 ECHR will apply; the person is charged as from the point when there is evidence that they have committed an offence. The Directive applies from the time that suspects or accused persons are ‘made aware’ that they are suspected of having committed an offence. It also applies to persons who become suspects or accused persons. It is assumed that a person against whom there is evidence will have the benefit of the Directive. The Directive then applies until the conclusion of the substantive proceedings, including any appeals before the higher courts. It is clear that it includes the resolution of sentencing issues.