client was advised of his rights as was called for in the particular circumstances. This is established by the record of proceedings / other evidence which the court must take into account in order to ensure the client can invoke his EU law rights.  This violation of the Directive caused the client to incriminate himself without fully understanding his right to remain silent / otherwise caused prejudice to the defence of the client.  Article 8(2) of the Directive requires that there be a right to challenge the failure to provide information in accordance with the Directive. In accordance with with Articles 47 and 48 of the Charter, a legally effective remedy is required and this should require the court to take such action as is available to it under national law to remedy the violation of the Directive, in particular by declaring the questioning / procedural act invalid and/or disregarding any evidence arising from that act. For more information about the right of challenge, see the ‘Using EU Law’ Toolkit. 23