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

Jill Coster van Voorhout

ISBN13: 9789004319363

Published: November 2016

Publisher: Brill Nijhoff

Country of Publication: The Netherlands

Format: Hardback

Price: £201.00

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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.

Subjects:: Human Rights and Civil Liberties, European Jurisdictions, Netherlands

Contents:: 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.