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The right of access to a lawyer at police stations : making the European Union Directive work in practice
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Cape, Ed and Hodgson, Jacqueline (2014) The right of access to a lawyer at police stations : making the European Union Directive work in practice. New Journal of European Criminal Law, 5 (4). pp. 450-480. ISSN 2032-2844 .
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Official URL: http://www.jurisquare.be/en/journal/njecl/5-4/the-...
Abstract
Recent EU Directives provide for a range of procedural protections for suspects and accused persons, going beyond the more broadly articulated standards set out in the European Convention of Human Rights. These reforms are to be welcomed, but their implementation poses a range of challenges for Member States. Drawing on recent empirical research, this article focuses on one measure, the right to legal assistance during police custody. It discusses the range of complex and oft en inter-related factors that operate to help or to hinder the process of ensuring that the right is ‘practical and effective’ and not merely ‘theoretical and illusory’. Member States do not share a common procedural tradition and alongside ensuring sufficient financial and human resources, effective implementation will require shift s in the legal and occupational cultures of police, prosecutors and the criminal bar.
| Item Type: | Journal Article | ||||
|---|---|---|---|---|---|
| Subjects: | H Social Sciences > HV Social pathology. Social and public welfare K Law [Moys] > KW European Union Law |
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| Divisions: | Faculty of Social Sciences > School of Law | ||||
| Library of Congress Subject Headings (LCSH): | Criminal justice, Administration of -- European Union countries, Police questioning -- European Union countries, Right to counsel -- European Union countries, Pro se representation -- European Union countries, Due process of law -- European Union countries | ||||
| Journal or Publication Title: | New Journal of European Criminal Law | ||||
| Publisher: | Intersentia N.V. | ||||
| ISSN: | 2032-2844 | ||||
| Official Date: | July 2014 | ||||
| Dates: |
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| Volume: | 5 | ||||
| Number: | 4 | ||||
| Page Range: | pp. 450-480 | ||||
| Status: | Peer Reviewed | ||||
| Publication Status: | Published | ||||
| Access rights to Published version: | Restricted or Subscription Access |
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