Without prejudice to the rights of the defence and in accordance with rules of judicial discretion, Member States shall ensure that during criminal investigations:

The extent of any such measure should be determined without prejudice to the rights of the defence and in accordance with rules of judicial discretion.

3. Without prejudice to the rights of the defence and in accordance with rules of judicial discretion, communication technology such as videoconferencing, telephone or internet may be used, unless the physical presence of the interpreter is required in order for the victim to properly exercise their rights or understand the proceedings.

the European Public Prosecutor’s Office should operate in strict observance of the right to a fair trial and thus comply with the principle of the natural court, which requires that the criteria determining which competent court is to exert jurisdiction are clearly established in advance; as the current formulation of Article 27(4) grants the European Public Prosecutor’s Office excessive discretion in applying the various jurisdiction criteria, those criteria should be rendered binding and a hierarchy should be created between them in order to ensure foreseeability; in this regard, the rights of the suspect should be taken into account ...[+++]; furthermore, the determination of competence in accordance with those criteria should be subject to judicial review;

Judicial discretion is something that is strongly defended and supported by the New Democratic Party.

We looked at whether we can constrain the discretion of judges by saying that if the charge is murder, for example, an extra investigation must take place and the results must be presented to the judge, but that again flies in the face of judicial discretion, and no circumstances are the same.