‘1. This Directive applies from the time persons are made aware by the competent authorities of a Member State that they are suspected or accused of having committed a criminal offence.’ This raises the issue as to what protection the Directive affords to a person whom the authorities have reason to believe has committed an offence but who is not ‘made aware’ that they are suspected or accused. This is covered on the section on witnesses later in this Toolkit (see Part IV). 2. Notification of rights a. Notification of rights to all suspects and accused persons All suspected and accused persons – arrested or not – are entitled to be notified of their rights. The relevant provision is Article 3(1) which provides: ‘1. Member States shall ensure that suspects or accused persons are provided promptly with information concerning at least the following procedural rights, as they apply under national law, in order to allow for those rights to be exercised effectively: (a) the right of access to a lawyer; (b) any entitlement to free legal advice and the conditions for obtaining such advice; (c) the right to be informed of the accusation, in accordance with Article 6; (d) the right to interpretation and translation; (e) the right to remain silent. 2. Member States shall ensure that the information provided for under paragraph 1 shall be given orally or in writing, in simple and accessible language, taking into account any particular needs of vulnerable suspects or vulnerable accused persons.’ A further detail on the timing is provided by recital 19, which provides: ‘(19) The competent authorities should inform suspects or accused persons promptly of those rights, as they apply under national law, which are essential to safeguarding the fairness of the proceedings, either orally or in writing, as provided for by this Directive. In order to allow the practical and effective exercise of those rights, the information should be provided promptly in the course of the proceedings and at the latest before the first official interview of the suspect or accused person by the police or by another competent authority.’ You will already note the emphasis on ensuring that rights are conveyed effectively, to enable their exercise: rights must be notified ‘promptly’, ‘in order to allow for those rights to be exercised effectively’; the language must be ‘simple and accessible language’ taking into account particular needs of the suspect. The provisions also require provision of the information ‘at the latest before the first official interview’, an expression which poses difficulty for the same reason mentioned above in relation to Article 2(1): questioning may occur before formal notification of suspicion. 16