 lawyer prior to all questioning, before all relevant authorities? Is the confidentiality of these meetings and communications protected?   Article 3(3)(b) 20      Do suspects have a right for their lawyer to be present and participate in questioning? What limitations are foreseen on the role of the lawyer? How do these impact upon the lawyer’s ability to assist the suspect in asserting his rights? -  Article 3(3)(c) 26   Do suspects have a right of access to a lawyer at each of the - The Directive requires that suspects or accused persons have the right for their lawyer to be present during questioning, as is well-established under ECtHR case-law (eg. Navone and Others v. Monacovi). Recital 20 indicates that questioning does not include preliminary questioning for the purposes of verifying a person’s identity etc., mentioning road-side checks as an example. But see the ECtHR case Zaichenko v. Russia:vii Article 6 ECHR will be breached if such questioning (in that case, at a road-side check) is carried out when there is already evidence against a person (if their statements are used). The Directive specifies that there is a right to effective participation of the lawyer in questioning. Though this is to be in accordance with procedures in national law, these must respect the essence of the right concerned. Your answers here Please include references to the relevant national law or policy, identifying any specific issues The Directive requires that the suspect has a right for the lawyer to be present at investigative acts, specified in Article 3(3)(c) as including identity parades; confrontations; and reconstructions of the crime scene, if one of these is the earliest. The above list is expressed as being a ‘minimum’. Other situations might call for access to a lawyer where they could substantially impact upon the defence, eg. instruction of experts to analyse large volume of data. Your answers here 39