Do all suspects and accused
persons have a right of access to
a lawyer (detained or not) in all
of the contexts above?
Are there procedures in your
national law whereby a person
may be questioned when there
is evidence against them yet
they have no right to a lawyer?
Is access to a lawyer ensured
throughout the process, up until
the resolution of all appeals?
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Your answers here
Identify specific areas where assistance is lacking
If minor offences (not involving custodial sanctions) are dealt with out of court subject to challenge before a
court, the Directive applies to the proceedings before the court only.
See Case C-216/14 Covaci iii(indicating that guarantees under the Right to Information Directive should apply for
the purpose of bringing the challenge; by analogy, access to a lawyer should be ensured so as to enable the
bringing of the challenge in the first place, and not only before the court once the challenge is brought).
See the Opinion of Advocate-General Sharpston in Case C-60/12 Baláž,iv indicating that any court possessing a
criminal jurisdiction (because it is the forum for such appeals) should observe the standards imposed by the
Roadmap Directive in its proceedings.
Your answers here
Identify specific types of proceedings and identify the courts to which appeals are brought
Article 2(4)
16, 17, 18
Is your jurisdiction one in which
minor offences may be handled
by way of penalties etc.
challengeable before a court?
Is there a functioning system
providing for access to a lawyer
to enable the person to bring
the challenge before the court?
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