Every year, millions of people across Europe – innocent and guilty - are
arrested and detained by the police. For some, their cases go no further than
the police station, but many others eventually appear before a court. Many will
spend time in custody both before and following trial. Initial attempts by the
European Union to establish minimum procedural rights for suspects and
defendants failed in 2007 in the face of opposition by a number of Member States
that argued that the ECHR rendered EU regulation unnecessary. However, with
ratification of the Lisbon Treaty, criminal defence rights are again on the
agenda.