Professor J.R. Spencer, QC. What is the EU competent to do? TFEU Article 82 1.[Mutual recognition is just great!] 2.“To the extent necessary to facilitate.

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Presentation transcript:

Professor J.R. Spencer, QC

What is the EU competent to do? TFEU Article 82 1.[Mutual recognition is just great!] 2.“To the extent necessary to facilitate mutual recognition … [Brussels] may … establish minimum rules … [which] shall take into account the differences between the legal traditions and systems of the Member States. They shall concern … (c) the rights of victims of crime …”

[etc …]

From the wesbite of the Criminal Injuries Compensation Authority

Pupino, Case C-105/03; [2005] 3 WLR 1102

“The Victims Roadmap” (Council Resolution of 10 June 2011) A – New Victims Directive B – Official “guidance” for the above C – European Protection Order D – Review of 2004 Compensation Directive E – Recommendations guidance and best practice in implementing EU legislation on vulnerable victims

(DG Guidance Document, Commission, December 2013)

Main features: right to communicate (Arts 3, 4 and 5) right to information about progress of case (Art 6) right to interpretation and translation (Art 7) right to access to and help from victim support services (Arts 8 and 9) right to be heard (Art 10) right to contest decision not to prosecute (Art 11) right not to be forced into restorative justice (Art 12) right to legal aid, reimbursement, return of property (Art ) right to obtain a compensation order from the defendant (Art 16) right to protection for complainants during investigation and at trial (Arts 18-21) right to special measures for those in need of them (Arts 22 and 23), particularly children (Art 24)

Practical impact in the UK? CPS internal review procedure: ims_right_to_review/index.html; see Keir Starmer, [2012] CrimLR ims_right_to_review/index.html Pre-trial cross-examination for children? Experimental implementation of YJCEA 1999 s.28

Practical effect in UK?

What if it is the victims who get prosecuted? R v O [2008] EWCA Crim 2835, 2 September 2008 Laws LJ: “This appeal against conviction must obviously be allowed... We hope that such a shameful set of circumstances never occurs again. Prosecutors must be aware of the protocols which, although not in the text books are enshrined in their Code.”

Prosecution of the victims (cont) R v Asfaw [2008] UKHL 31; [2008] 2 WLR 1178 R v N. and E. [2012] EWCA Crim 189; [2012] 3 WLR 1159 R v L and others [2013] EWCA Crim 991

Modern Slavery Bill

Clause 45, cont…

THE END