Quiz: Pre-Trial Detention
Which of the following statements about the length of pre-trial detention is incorrect?
a) The Children Directive does not give specific time limits on the pre-trial detention of children.
b) The ECtHR has held that although there are no strict time limits on the pre-trial detention of children, detaining a child in excess of 12 months will always be a violation of Article 5 ECHR.
c) It can be argued with reference to soft-law guidance that police custody of children should last no longer than 48 hours.
d) According to ECtHR jurisprudence the relevant authorities need to consider whether or not there is a genuine public interest that outweighs the respect for individual liberty when assessing whether or not the length of pre-trial detention violates Article 5 ECHR.
Which of these following statements is correct?
a) Lawyers main responsibilities are to help children to avoid pre-trial detention, to react appropriately if there are concerns about their welfare. As such, there is no need to visit them in detention unless it is absolutely necessary.
b) Children find it annoying and patronising to be informed about their rights repeatedly, so lawyers should refrain from doing this.
c) It is always in the child’s best interests to be released from detention to be with their parents or their usual carers.
d) Member States are not required under the Children Directive to provide access to educational programmes or to ensure regular and effective access to family life for children in police custody.
3) Which of these statements about the legal standards on the regularity of the judicial review of pre-trial detention of children are accurate?1) The CRC recommends that pre-trial detention should be reviewed every 2 weeks.2) The Children Directive recommends that pre-trial detention should be reviewed 2 weeks after the initial deprivation of liberty, and every 4 weeks thereafter.3) The Children Directive enables the court to review the pre-trial detention of the child, even if neither the child nor his lawyer has requested such a review.
(1) and (2)
(1) and (3)
(2) and (3)
All statements are accurate
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