UK objects to lawyer access move

Five countries, including the UK, are objecting to an EU policy which aims to set a universal standard for allowing accused people access to criminal lawyers during investigations. A declaration to be given to a meeting in Brussels on Friday argues that the EU Commission’s plan will create “substantial difficulties for the effective conduct of criminal proceedings by their investigating, prosecuting and judicial authorities”. The objection centres on giving accused persons the right to have a lawyer present at every investigative meeting conducted in criminal cases, which would include instances of fingerprints being taken. A motion was raised earlier this month at the House of Commons, outlining criticism of the EU proposal.

The declaration also claims that permitting such access to a lawyer will restrict criminal investigations and proceedings and does not “strike the right balance” with the rights of suspects over investigating and prosecuting those who are guilty. The declaration insists: “It is not possible to legislate to enhance and strengthen the rights of defendants, either at EU or domestic level, without also factoring in the resources and functioning of the criminal justice system.” Belgium, France and The Netherlands are the other three opposing countries.

We have one of the leading teams of criminal law solicitors in West London and the South East. If you are facing a serious criminal charge, you can contact a member of the IBB’s Criminal Defence team, call us on 08456 381381 or email criminaldefence@ibblaw.co.uk.