EU Mock Council 2014 - European Commission Proposal on Children in Criminal Proceedings

EU Mock Council 2014 - European Commission Proposal on Children in Criminal Proceedings

It is estimated that one-fifth of the EU’s population is made up of children under the age of 18. Geographical mobility for these children has increased over the last 20 years and it is not uncommon to find children travelling across the European Union. This means it is our duty to make sure that we do everything in our power to make Europe as safe and fair as possible for our children. A parent should be able to expect the same kind of rights for theirchild in their home country as when they go on a family holiday or move to a new country. This is why we are proposing this Directive on Procedural Safeguards for Children Suspected or Accused in Criminal Proceedings. The directive will allow us to create more harmony and consistency across the EU, one of the reasons the European Union was created in the first place. It will also enshrine in EU law rights already set out in the UN Convention on the Rights of the Child, which all EU countries have already signed.

Criminal proceedings can be a daunting prospectfor any individual. However, children are especially likely to be overwhelmed by the procedure and it could impact upon them for the rest of their lives. Many children may be unable to follow or fully participate in a criminal proceeding, which can seriously undermine their right to receive a fair trial. This is why we are proposing that all children havemandatory access to a lawyer at all times. This would allow a child to have reassurance that they will be represented correctly and will get a fair trial. We also want the child to have the right to be assisted by their parents or any other appropriate adults so that the child has someone they know with them throughout the trial. This would instil in children a sense of fairness in the law, and help rehabilitate them as law abiding citizens in future.

In some cases, children are subject to inappropriate treatment during the proceeding, which breaches their basic rights to be free from harm. This can leave a lasting impact on a child’s wellbeing. To minimise and eradicate this from the EU, we are proposing that all judicial authorities dealing with children willreceive specialised training. This means that the child will receive the highest standard of care possible and authorities would know how to deal with young vulnerable children. We also want all interviews to be audio-visually recorded unless it isnot appropriate, so everyone can be assured that the child is getting a fair treatment. During interviews we would likethe child’s age and maturity to be taken into consideration.

In some high profile cases, children can sometimes be the subject of media crucifixion and nationwide debate. We believe that the child’s privacy in criminal proceedings should be protected in order to facilitatea safe integration into mainstream society once the process has been completed. This could be done, for instance, by ensuring that the criminal procedure is not open to the public or the media.

We finally want every child’s voice to be heard and therefore we want no child to be tried in their absence. We want to make sure that children can’t be found guilty without the opportunity to present their version of events.

All these measures will be the minimum requirements and each EU country is free to introduce stricter measures if they wish. Please also note that this law would only apply to all children under the age of 18 who are over the age of criminal responsibility in the country in which they are suspected or accused of a crime. The Commission is not proposing in this Directive to harmonise the age of criminal responsibility across the EU. Existing national rules on this would continue to apply.

The Commission also proposes that countries apply the provisions of the Directive to people who are older than the age of 18 but are classed as ‘vulnerable adults’: this is anyone who is not able to participate in criminal proceedings due to their age, their mental or physical conditions.

The Commission estimates that the total costs of implementing the directive across the EU will be€136.2 m per year and €154.8m if public training is included. The costs would be borne almost entirely by local and national public authorities. We estimate than an additional €70 to €133 million will be needed to implement the proposals for vulnerable adults.

However, these costs does not take into account the possible huge savings through reduction in appeals against criminal conviction launched in the European Court of Human Rights; savings from re-trials; domestic appeals; financial compensation and aborted prosecutions due to breach of rights. We believe mandatory access to a lawyer will lead to improved legal defence, reducing the need for repeat interrogations and therefore contributing towards cases becoming more efficient and valid.

The importance of this Directive could not be any clearer. Currently the rights of child suspects throughout the European union are not consistently protected, and many countries constantly fail to follow relevant international standards. We believe it’s time to recognise the rights of these children to make the justice system for EU states more fair for everyone involved. This would also promote mutual trust between EU states.

In Summary, the Commission invites the Council to agree to the following points of the Directive proposal:

-All children under the age of 18 and above the age of criminal responsibility will have mandatory access to a lawyer at all stages. Children would not be allowed to waive their right to a lawyer.

-Children will be informed promptly about their rights and be assisted by their parents or other appropriate individuals.

-Criminal proceedings involving children must not be public.

-Children must have the right to receive a medical examination if kept in custody.

-All judicial authorities dealing with children must receive specialised training.

-All interviews with children must be audio-visually recorded unless this is not appropriate.

-No child may be tried in their absence – they must be able to present their version of events.

-Vulnerable adults must benefit from these same protective measures.

The Commission would also like Member States to indicate during the debate whether they would be open to harmonising the age of criminal responsibility across the EU. This will help the Commission to decide whether it is appropriate to make a proposal on this at a later point.