LAW, AMENDING THE RIGHTS OF PERSONS ARRESTED AND DETAINED ACT OF 2005 AND 2014 22(I)/2017
The above law is amended pursuant to Directive 2013/48/EU on the right of access to a lawyer in criminal proceedings and European Arrest Warrant Proceedings.
This Directive is aimed at ensuring the right to access to a lawyer in due time and before questioning by law enforcement authorities, the right to confidentiality of communications with a lawyer, the right to have a third person informed on the detention, to communicate with third person(s) while in detention, to communicate with consular authorities.
According to the new provisions of the Law and in particular on the right of access to a lawyer, the Law provides, intel alia, the following:
2(A) A person who is arrested by a member of the Police as a suspect or as an accused has access to a lawyer at the following:
(a) before being questioned by Cyprus Police or other competent authority;
(b) in time before being brought before the court;
(c) during the investigation or collection of evidence by the Cyprus Police or other competent authority; and
(d) after deprivation of his/her liberty without undue delay.
(2B) The present provision concerning the right of the suspect or accused to have an access to a lawyer includes his/her right to:
(a) have a private meeting and contact with the lawyer who represents him/her, in any time, including, before his / her interrogation by the Police or other competent authority; or before being brought before the court;
(b) request the presence and participation of his/her lawyer during his/her interrogation: Provided that, “The right to legal assistance during police interrogation for suspects " means the ability of a lawyer to provide clarification to his/ her client in relation to the procedure to be followed and consult him/her on procedural matters.
(c) request his / her lawyer’s presence during the investigation or during the collection of evidence, provided that the suspect or accused person is entitled to attends in this specific investigation.
(2D) The Cyprus Police adhere to it confidentiality of communication. The aim of the above amendment was to determine whether the presence of a lawyer could contribute to making police interrogation more transparent and verifiable and to preventing the use of unlawful pressure.
For further information on this topic please contact
Ms. Evi Lamprou (elamprou@pittaslegal.com) at SOTERIS PITTAS & CO LLC,
by telephone (+357 25 028460) or by fax (+357 25 028461)
The content of this article is intended to provide a general guide to the subject matter. Specialist advise should be sought about your specific circumstances.
