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Procedural safeguards for children in criminal proceedings under EU law

Procedural safeguards for children in criminal proceedings under EU law. 2 nd Biennial conference on the STOP program. Dr. Ingrid BREIT, LLM Team-leader DG Justice and Consumers European Commission. Introduction.

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Procedural safeguards for children in criminal proceedings under EU law

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  1. Procedural safeguards for children in criminal proceedings under EU law 2nd Biennial conference on the STOP program Dr. Ingrid BREIT, LLM Team-leader DG Justice and Consumers European Commission

  2. Introduction About 1 million children in the EU are confronted with criminal justice every year. About 1,6% of prison population within EU are children.

  3. Directive (EU) 2016/800 on procedural safeguards for children - Adoption on 11 May 2016 - Entry into application on 11 June 2019 Based on international standards, such as the UN CRC and the Guidelines of the Council of Europe on child-friendly justice Binding EU-wide (minimum) rules on procedural rights for children Part of "Procedural rights package" – 6 directives to strengthen the procedural rights of suspects and accused persons in EU (right to interpretation and translation, information, access to a lawyer, legal aid, presumption of innocence)

  4. Directive (EU) 2016/800 on procedural safeguards for children Comprehensive protection of children at all stages of criminal proceedings until final conviction (not for execution phase) Particular attention to be given to preserve the child's potential for development and re-integration into society (Recital 9) The child's best interests must always be a primary consideration (Art.24(2) of EU Charter)

  5. Scope • The Directive applies only to criminal proceedings and children subject to European arrest warrant proceedings. • The Directive does not apply to other types of proceedings, in particular proceedings which are specially designed for children and which could lead to protective, corrective or educative measures (See Recital 17),

  6. Effective participation of a child Right to information: child and parent(s) or another appropriate adult to be informed promptly about procedural rights and general aspects of proceedings Access to a lawyer/Assistance by a lawyer: mandatory assistance for children in detention or when a decision on detention is taken and in serious and complex cases Legal aid: the effective exercise of the assistance by a lawyer to be ensured Individual Assessment: specific needs of children concerning protection, education and social integration to be taken into account

  7. Deprivation of liberty – a measure of last resort

  8. Deprivation of liberty – a measure of last resort • - Particular vulnerability of children in pre-trial detention • - Pre-trial detention does not diminish the risk of recidivism • Deprivation of liberty should be a measure of last resort and limited to the shortest appropriate period of time. • - Reasoned decision • - judicial review by a court

  9. Alternative measures All measures alternative to detention should be taken by the competent authorities where possible, But careful: also alternative measures can be intrusive tools!

  10. Examples for alternative measures • - Obligation to reside in a specific place/obligation to avoid certain places • - Reporting obligations to the competent authorities • - Restrictions concerning contacts with specific persons • - Participation in therapeutic or addition programmes (alcohol or drug addicts)

  11. Therapy is better than detention!

  12. Specific Safeguards in case of deprivation of liberty Specific treatment in case of deprivation of liberty: • Separation children-adults (unless it is considered to be in the child’s best interests not to do so) • Police custody and pre-trial detention • When a child turns 18, possible to continue separate detention “where warranted” • Detention of children with “young adults”, unless this is contrary to the child’s best interest • Number of other safeguards, such as access to education and training, right to family life etc. - linked: Right to medical examination

  13. Other safeguards Audio-visual recording of questioning by police (proportionality test); Protection of privacy (court hearings may be held in the absence of public); Presence at court hearings (right to appear and participate in trial); Training: mandatory for law enforcement authorities and staff working in detention facilities; judges and prosecutors shall have specific competences or access to specific training.

  14. Transposition and reporting Transposition by Member States by 11 June 2019 Several expert meetings with Member States Report to be submitted by European Commission by 11 June 2022 Commission funding possibilities for 2019

  15. The Aim

  16. Thank you for your attention! Contact: Ingrid.Breit@ec.europa.eu

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