Is clear and sufficient
information currently provided
in the Letter of Rights so as to
enable a suspect to take a
knowing and intelligent decision
as to waiver?
How are particular
vulnerabilities (eg. disability,
intoxication, language issues)
identified and addressed?
What recording procedures are
in place, and do they reflect the
particular circumstances of the
waiver given?
Are there effective
opportunities to challenge the
validity of the waiver recorded
later on in the courts?
Article 3(5)
Article 8
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Commission recommendation on vulnerable suspects and the forthcoming Directive on safeguards for children
suspected or accused in criminal proceedings,xi which also includes requirements as to the provision of
information for children.
Recording procedures must ensure that the circumstances of the waiver are recorded.
Rules of evidence should not make it practically impossible to raise an issue as to the validity of the waiver (see
the comments earlier in this Toolkit).
Your answers here
Please identify the relevant national legal provisions
Derogations
In cases of geographical remoteness, a derogation is possible only from the timing of access to a lawyer.
See, by analogy, the ECtHR cases concerning delayed production of persons arrested at sea before a judicial
authority: the circumstances can only serve to justify delays, not actual limitations on the rights.xii
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