Publication of the European Commission's long-awaited proposals on procedural safeguards for suspects and defendants in criminal proceedings across the European Union (EU) has been welcomed by the Law Society, the Council of Bars and Law Societies of the European Union (CCBE), and lawyers' human rights charity Justice - but with reservations.
The proposals cover areas such as access to legal advice, access to interpretation and translation for non-native defendants, protection for vulnerable persons, and evaluation and monitoring of compliance.
Law Society chief executive Janet Paraskeva said: 'Until now, the EU has only focused on crime-fighting initiatives and raising sentencing levels in member states.
It is now easier to transfer, prosecute and convict someone for a crime in another member state, but there is little regard for their rights.
[This] is the first attempt at redressing the balance.'
The CCBE also backed the proposals, but added that the commission had yet to publish details of its work on the gathering of evidence and pre-trial detention.
Justice described the level of protection offered as 'unacceptably low', adding that the framework did not match the minimum standards of the European Convention of Human Rights or the EU Charter of Fundamental Rights.
Marisa Leaf, the charity's EU legal officer, said: 'We hope the UK government will fight for protection that attains at least the level guaranteed by the European Convention and which exists in this country.'
Philip Hoult
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