Criminal proceedings — procedural safeguards for children who are suspected or accused of crimes

SUMMARY OF:

Directive (EU) 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings

WHAT IS THE AIM OF THE DIRECTIVE?

It establishes procedural safeguards* for children* who are suspected or accused of a criminal offence. The safeguards are in addition to those which apply to suspected or accused adults.
It is the fifth in a series of measures to establish minimum rules for procedural rights across the European Union (EU) in accordance with a 2009 Roadmap.

KEY POINTS

The key elements of the directive are that children have the right of access to a lawyer and the right to be assisted by a lawyer. The assistance by a lawyer is mandatory when they are brought before a court to decide on pre-trial detention and when they are in detention. A child who has not been assisted by a lawyer during the court hearings cannot be sentenced to prison.

EU countries must also ensure that deprivation of liberty, and in particular detention, is imposed on children only as a last resort and for the shortest appropriate period. Children who are detained should be held separately from adults, unless it is considered to be in the child’s best interest not to do so.

The directive also includes other safeguards, such as the right to:

be promptly informed about their rights and about general aspects of the conduct of the proceedings;
have information provided to a parent or another appropriate adult;
be accompanied by that person during court hearings and at other stages of the proceedings;
an individual assessment by qualified personnel;
a medical examination if the child is deprived of liberty;
protection of privacy during criminal proceedings;
appear in person at trial;
effective remedies*.

Judges, prosecutors and other professionals who deal with criminal proceedings involving children should have a specific competence or access to specific training.

FROM WHEN DOES THE DIRECTIVE APPLY?

It has applied since 10 June 2016. EU countries have to incorporate it into national legislation by 11 June 2019.

BACKGROUND

For more information, see:

‘Rights of suspects and accused’ on the European Commission's website
Press release on the European Commission's website.

* KEY TERMS

Procedural safeguards: in this case, safeguards that ensure that children are provided with the necessary information to understand how the procedure works and their legal rights.

Children: people below the age of 18.

Effective remedies: the means by which a court enforces a right, imposes a penalty, or makes another court order to impose its will.

MAIN DOCUMENT

Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings (OJ L 132, 21.5.2016, pp. 1–20)