detention on suspicion | in custody awaiting trial

preventive arrest power [ power of preventive arrest ]

preventive arrest [ detention on suspicion | arrest on mesne process ]

power of arrest

Powers and Procedures with Respect to the Investigation of Criminal Offences and the Apprehension of Criminals

13. Expresses concern at the recent amendments to the Law on the High Council of Judges and Prosecutors (HCJP) and the subsequent numerous reassignments and dismissals of judges and prosecutors, and at the arrests, reassignments and dismissals of police officers, which raised serious and justified concerns about the independence, impartiality and efficiency of the judiciary, the separation of powers and the respect for the principle of the rule of law, which remain the core of the Copenhagen political criteria; is concerned at the frequent changes made to key legislation without due consultation of relevant stakeholders; welcomes the a ...[+++]bolition of Article 10 of the anti-terror law; is concerned, however, that very broad definitions make the scope of the anti-terror law still excessive and allow for exceptionally broad interpretations; recalls the need to reform Article 314 of the Criminal Code, so that only those who are members of or contribute to the activities of a terrorist or armed organisation can be prosecuted; calls for a judicial reform strategy in line with EU standards to be adopted in cooperation with all relevant stakeholders; welcomes the initial step taken towards the reduction of the maximum length of pre-trial detention from 10 to 5 years, but strongly emphasises that further reduction is needed to avoid pre-trial detention becoming a de facto punishment; underlines the importance of setting up regional courts of appeal and adopting all relevant measures to ensure due process; encourages Turkey to further the reform of the justice system and to ensure fair and effective access to justice for all children;

12. Expresses concern at the recent amendments to the Law on the High Council of Judges and Prosecutors (HCJP) and the subsequent numerous reassignments and dismissals of judges and prosecutors, and at the arrests, reassignments and dismissals of police officers, which raised serious and justified concerns about the independence, impartiality and efficiency of the judiciary, the separation of powers and the respect for the principle of the rule of law, which remain the core of the Copenhagen political criteria; is concerned at the frequent changes made to key legislation without due consultation of relevant stakeholders; welcomes the a ...[+++]bolition of Article 10 of the anti-terror law; is concerned, however, that very broad definitions make the scope of the anti-terror law still excessive and allow for exceptionally broad interpretations; recalls the need to reform Article 314 of the Criminal Code, so that only those who are members of or contribute to the activities of a terrorist or armed organisation can be prosecuted; calls for a judicial reform strategy in line with EU standards to be adopted in cooperation with all relevant stakeholders; welcomes the initial step taken towards the reduction of the maximum length of pre-trial detention from 10 to 5 years, but strongly emphasises that further reduction is needed to avoid pre-trial detention becoming a de facto punishment; underlines the importance of setting up regional courts of appeal and adopting all relevant measures to ensure due process; encourages Turkey to further the reform of the justice system and to ensure fair and effective access to justice for all children;

Senator Bacon: With respect to preventive detention, do you believe that the power to arrest preventively without a warrant and the power to question a person in the absence of any crime are justifiable in a democratic society?

20. Reiterates that enhancing EU police and judicial cooperation, including through Europol, the European Police College (CEPOL) and Eurojust, along with the provision of appropriate training, is critical to a proper ISS and must involve the competent authorities in the Member States as well as EU institutions and agencies; considers that such cooperation must not be confined to the identification and arrest of criminal suspects, but should also focus on preventing crime and repeat offending; notes the relevant Commission proposals, ...[+++] including for the reform of Eurojust and for draft legislation on the setting-up of a European Public Prosecutor’s Office; points out the need to ensure that the principle of separation of powers between the judicial and policing sectors, along with their respective autonomy, is observed;