•
On the basis of the police’s comments and concerns, the format of the Letter of Rights was revised
with the help of a plain language expert and a graphic designer. The objective was to ensure that
police would be able to print the Letter of Rights in police stations in A4 format. The Letter of
Rights was created both in colour and in black and white. The content of the Letter of Rights
remained similar, but was slightly amended in the course of further discussion with the police.
•
In 2022, a working group comprising the Ministry of Justice, Bar associations representatives,
magistrates, the federal and local police, a plain language expert and Fair Trials was created to
pilot the alternate Letter of Rights in several police stations in order to evaluate its impact on the
effectiveness of procedural rights. They are regularly meeting up to organise the practical aspects
of the pilot that should kick off in the following months.
•
Discussions are ongoing between the local police, the Ministry of Justice, bar associations and
Fair Trials to pilot the new Letter of Rights in order to evaluate its impact on the effectiveness of
procedural rights.
The success of this project lies in the fact that all stakeholders were empowered with training on plain
language and involvement in redrafting the Letter of Rights from the beginning. Consensus between
various stakeholders around the need for a new Letter of Rights and on the language used was steadily
built from the inception of the project. Although the project comes from a private initiative (Fair
Trials’ and plain language experts), members of the working group, and later the police themselves,
became invested in the project and advocated for change.
There are, however, a number of remaining challenges. While a plain language Letter of Rights would
facilitate comprehension for most suspected and accused persons, the language obstacle remains. It
is thus necessary to make sure the document is translated into as many languages as possible and that
interpreters are present in custody if necessary.
Similarly, the special needs of children and persons in vulnerable situations (persons with psychosocial
and intellectual disabilities, blind or illiterate persons etc.) still need to be considered. Police officers
and lawyers need to ensure that they understand their rights. In order to do so, it could be envisaged
that the Letter of Rights is adapted to their specific situations. Another way could be to use simple and
interactive videos to convey information on rights.
Moreover, as the project comes from a private initiative (Fair Trials’ and plain language experts), the
redrafted Letter of Rights is undergoing a long process of consultations and piloting until it can be
approved and used in police stations.
Promising practices from the Netherlands, Scotland and
Spain: Making the information on rights available in a
child-friendly manner
In the Netherlands, a plain version of the Letter of Rights especially designed for children is available
and in use.56 The appendix to the information sheet “You are suspected of criminal office” contains
pictograms and easy to understand information. The documents were developed by the Ministry of
Justice and Security and published in March 2022.
56. See <https://www.rijksoverheid.nl/documenten/brochures/2017/03/03/je-wordt-verdacht-van-een-strafbaar-feit-engels> accessed on 9 December 2022.
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In Scotland, reforms stem from public initiatives. Following the introduction of an updated Letter of
Rights in January 2018, the Scottish Government launched a public consultation in 2019 to ensure its
content, structure and language was accessible for all.57 They received responses from organisations
and individuals, who sometimes perceived the Letter of Rights as lacking clarity or containing
conflicting information.58 The Government then established a Working Group of key stakeholders
(the police, prosecutors, lawyers, government representatives, and representatives from several NGOs)
and linguistic experts, to advance reforms so that the Letter of Rights would properly capture the
opinions expressed through the consultation process.59 The Working Group discussed the possibility
of producing a separate version of the Letter of Rights for children and young people alongside the
standard letter that had been discussed. Previously, initiatives to provide children and young people
with information on rights, for example in the form of a short and accessible guide, had already been
developed by the Children and Young People’s Centre for Justice.60
In Spain, as results of the “Let´s be clear” project, the University of Castilla – La Mancha in
cooperation with UCLM, Grupo de Investigacion en Criminologia y Delincuencia Juvenil and JusTo
developed an information package for each step of custody for children. Each package includes the
following explanations: Who is Who - What will happen - My rights in clear. Each document exists in
three formats: Comic, Video/ Audiovisual version and in written.61
The plain language tools and documents are currently not used in practice. The Civil Guards are
considering to use it on the national level. While there is no empirical study or assessment of the usage
of the video amd comic in police stations, the documents were shown to children who could provide
feedback in the development stage. A general assessment of the tools in practice would be considered
as useful, also to assess the benefits for the police and other stakeholders. Moreover, the videos and
comics could be used in schools as educational materials.
Promising practices from Ireland: Making the Letter
of Rights accessible for persons with intellectual
and psychosocial disabilities
In Ireland there are initiatives on the collaborative development through multidisciplinary and advocate
consensus of an accessible notice of rights for people with intellectual disabilities in police custody.62
The current initiative includes police officers from different ranks, representatives of people with
disabilities, speech and language therapists, experts in communication, psychologists, ethicists, legal
academics (specialist in evidence, professor of law), 3 people with intellectual disabilities. This research
shows that persons with intellectual disabilities react best to pictures of real people instead of cartoons.
In a best-case scenario, it should be a coloured picture. Moreover, information cannot be provided
in isolation, and needs to consist of a two-way explanation, e.g. an explanation by the officer and a
video/audio explanation. It has to be recognized that shortening the notification or Letter of Rights
in itself is not sufficient to make it more accessible; rather the opposite is true if drafting accessible
information for persons with intellectual disabilities. Consequently, the revised Letter of Rights is even
57. See <https://consult.gov.scot/justice/letter-of-rights-for-scotland/> accessed on 9 December 2022.
58. See <https://consult.gov.scot/justice/letter-of-rights-for-scotland/consultation/published_select_respondent>
accessed on 9 December 2022.
59. See <https://www.gov.scot/groups/letter-of-rights-for-scotland-working-group/> accessed on 9 December 2022.
60. See <https://www.cycj.org.uk/wp-content/uploads/2021/07/CYCJ-Know-Your-Rights-Guide-WEB.pdf> accessed on 9 December 2022.
61. See <https://www.uclm.es/grupos/crimijov/transferencia/hablemos-claro> accessed on 9 December 2022.
62. Gautam Gulati and others (2022) p 2.
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