Introduction

The traditional image of the work of a criminal defence lawyer is trial-centred. Activities performed by lawyers at the pre-trial stages are viewed as the preparation for the trial. This image, however, is changing. The traditional view that the decisive and most important action happens in court has been brought into question. Pursuant to contemporary reforms aimed at improving procedural ‘efficiency’, the centre of gravity of the criminal proceedings is increasingly shifting to the pre-trial or investigative stages (Crijns, 2017; Healy et al., 2015). Consequently, the statement that ‘effective criminal defence’ takes place in court is being challenged. Arguably, nowadays, the work performed by defence lawyers during the investigative stage is equally important, if not more important, than their actions during the trial. These developments are also echoed in European and national legal regulations. European defence lawyers are now expected to enter the proceedings earlier, and to play an increasingly active role during the investigative stage (Jackson, 2016a). This expectation was made even more explicit in the recent EU Directive on the right of access to a lawyer (hereinafter – Directive 2013/48/EU). ¹