INTRODUCTION

The present guidelines represent the result of the legal and empirical study conducted by the research group. The drafting of the guidelines is the step that complements the legal and empirical findings of the research. They move from the commonalities and take into account the differences highlighted in the legal study. Within this legal framework they build upon the empirical findings, to suggest improvements with regard to the present state of affairs in three respects: 1) in order to reduce gaps between the law in action and the legal principles affirmed in the law in books; 2) in order to counter the risk of bad or negligent practices; 3) in order to promote the good practices emerging from the empirical study.

The guidelines take the well-being of the juvenile as their polar star, in accordance with the principles of all of the key supranational legal sources. Their aim is to contribute to shaping, defining and improving the well-being of juveniles who come into contact with juvenile punitive justice. They are drafted from a supranational perspective and are addressed to State authorities. Their purpose is to serve as an impulse for improving the protection and the wellbeing of juveniles during the interrogation of juvenile suspects.

The guidelines have been discussed by the entire research team and represent a collective effort. Like in all collective efforts the guidelines do not represent the personal view of the single members, who at times have been forced to surrender to a majoritarian view.

The guidelines are complemented by a brief explanation (in italics), in order to clarify the meaning of a rule (mostly in light of the legal and empirical study) or to highlight some of the problematic issues that have emerged during the discussion.

The guidelines are divided into ten parts, whose headings are as follows:

1. Definitions; 2. General Principles; 3. Right to information; 4. Assessment; 5. Legal assistance; 6. Appropriate adults and social services; 7. Conduct of interrogation; 8. Recording of interrogation; 9. Training; 10. Remedies and scope.

THE GUIDELINES

The treatment of young suspects shall comply with the following guidelines.

DEFINITIONS

A juvenile (or a child) is a young person below the age of 18 at the moment of first contact with the public (police or judicial) authorities. A young adult is a person between 18 and 25.