Ineffective Legal Assistance, Redress for the Accused in Dutch Criminal Procedure and Compliance with ECHR Case Law

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Ineffective Legal Assistance, Redress for the Accused in Dutch Criminal Procedure and Compliance with ECHR Case Law

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In Ineffective Legal Assistance, Redress for the Accused in Dutch Criminal Procedure and Compliance with ECHR Case Law, Dr. Jill E.B. Coster van Voorhout, LL.M, MSc examines the extent to which ineffective legal assistance and its redress for the accused in the Netherlands abide by minimum guarantees set by the European Court on Human Rights regarding the right to an effective defence in a fair trial. Coster van Voorhout demonstrates convincingly that, currently, Dutch law and case law do not fully guarantee the right to effective legal assistance and related minimum guarantees. This book offers recommendations as to how redress for ineffective legal assistance could better conform to the relevant ECHR standards.

PART I

INTRODUCTION

CHAPTER 1. INTRODUCTION

1.1. Introduction

Three elements of an effective defence

1.2. Central question

1.3. Method and relevance

1.4. Relevance and key terms

1.5. Outline

CHAPTER 2. CONCEPTUAL FRAMEWORK

2.1. Introduction

2.2. Conceptual framework

2.3. Outline for the subsequent analyses of the Convention and Dutch criminal proceedings

2.4. Conclusion

PART II

SUBSEQUENT ANALYSES

CHAPTER 3. ANALYSIS OF THE CONVENTION

3.1. Introduction

3.2. Factors impacting on the subsequent Court’s case law analysis

3.3. The right to counsel under the Convention and EU Directive 2013/48/EU

3.4. Conclusion

CHAPTER 4. ANALYSIS OF DUTCH CRIMINAL PROCEEDINGS

4.1. Introduction

4.2. Factors impacting on the subsequent analysis of Dutch criminal procedure

4.3. Factors impacting on the effectiveness of legal assistance

4.4. Factors impacting on ineffective legal assistance assistance and its redress

4.5. Conclusion

PART III

RIGHT TO COUNSEL

CHAPTER 5. RIGHT TO COUNSEL UNDER THE CONVENTION

5.1. Introduction

5.2. Right to counsel

5.3. Right to counsel: Stages of the procedure

5.4. The Convention right to effective legal assistance?

5.5. Conclusion

CHAPTER 6. RIGHT TO COUNSEL IN DUTCH CRIMINAL PROCEDURE

6.1. Introduction

6.2. Right to counsel in Dutch criminal procedure

6.3. Right to counsel: Stages of Dutch criminal procedure

6.4. Waiver of the right to counsel and the right to proceed pro se?

6.5. Conclusion

6.6. Overall conclusion Part III Right to counsel

PART IV

LAWYER-CLIENT RELATIONSHIP

CHAPTER 7. LAWYER-CLIENT RELATIONSHIP UNDER THE CONVENTION

7.1. Introduction

7.2. Lawyer-client relationship

7.3. Counsel’s control over strategy

7.4. Counsel as advisor and accused as decision-maker about “personal” rights at least

7.5. Conclusion

CHAPTER 8. LAWYER-CLIENT RELATIONSHIP IN DUTCH CRIMINAL PROCEDURE

8.1. Introduction

8.2. The lawyer-client relationship

8.3. Counsel’s control over strategy under Dutch law?

8.4. Counsel as advisor and the accused as decision-maker under Dutch law?

8.5. Conclusion

8.6. Overall conclusion Part IV Lawyer-client relationship

PART V

STATE INTERFERENCE WITH COUNSEL

CHAPTER 9. STATE INTERFERENCE WITH COUNSEL UNDER THE CONVENTION

9.1. Introduction

9.2. State-imposed restrictions on counsel

9.3. Defective appointment of legal aid counsel

9.4. State interference in the lawyer-client relationship

9.5. Conclusion

CHAPTER 10. STATE INTERFERENCE WITH COUNSEL IN DUTCH CRIMINAL PROCEEDINGS

10.1. Introduction

10.2. State-imposed restrictions on counsel

10.3. Defective appointment of legal aid counsel?

10.4. State interference in the lawyer-client relationship?

10.5. Conclusion

10.6. Overall conclusion Part V: State interference with counsel

PART VI

INTERVENTION DUE TO INEFFECTIVE LEGAL ASSISTANCE

CHAPTER 11. INTERVENTION DUE TO INEFFECTIVE LEGAL ASSISTANCE UNDER THE CONVENTION

11.1. Introduction

11.2. An intervention in the case when confronted with ineffective legal assistance

11.3. THE MEANS OF INTERVENTIONS IN THE CASE BY THE AUTHORITIES UNDER THE CONVENTION

11.4. Conclusion

CHAPTER 12. INTERVENTION DUE TO INEFFECTIVE LEGAL ASSISTANCE IN DUTCH CRIMINAL PROCEDURE

12.1. Introduction

12.2. Ineffective legal assistance?

12.3. Witness requests

12.4. Appeal and grounds for appeal in cassation

12.5. Substantive defences

12.6. Conclusion

12.7. Overall conclusion Part VI Intervention due to ineffective legal assistance

PART VII

CONCLUSION, RECOMMENDATIONS, AND A SUMMARY

CHAPTER 13. CONCLUSION AND RECOMMENDATIONS

13.1. Introduction

13.2. The evaluation of the relevant Convention minimum guarantees

13.3. The evaluation of compliance of Dutch criminal proceedings

13.4. Recommendation: A new approach to redress for ineffective legal assistance

Literature List

Case Law Overview

Index.

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