Inside Police Custody 2 Unlike the Directive on the right to interpretation and translation, this Directive does not contain any provisions regarding quality assurance relating to the provision of legal assistance, although the Directive on legal aid does contain a provision regarding the quality of legal aid services (see section 1.2.5 below). Rights regarding information to and communication with third parties Suspects or accused persons who are deprived of their liberty must have the right to have at least one person, such as a relative or employer, nominated by them, informed of their deprivation of liberty without delay. If the suspect or accused person is a child, member states must ensure that the holder of parental responsibility of the child is informed of the deprivation of liberty as soon as possible, and of the reasons for it; unless it would be contrary to the interests of the child, in which case another appropriate adult must be informed. Temporary derogation from the right concerning information to third parties is permitted on the basis of specified compelling reasons: an urgent need to avert serious adverse consequences for the life, liberty or physical integrity of a person; or an urgent need to prevent a situation where criminal proceedings could be substantially jeopardised (Art. 5(3)). In addition, suspects or accused persons who are deprived of their liberty must have the right to communicate without undue delay with at least one third person, such as a relative, nominated by them, although this may be limited or deferred ‘in view of imperative requirements or proportionate operational requirements’ (which are illustrated in Recital 36). These rights also apply to a requested person in EAW proceedings in the executing state. Right to communicate with consular authorities Suspects or accused persons who are non-nationals and who are deprived of their liberty must have the right to have the consular authorities of their state informed of the deprivation of liberty without undue delay, and to communicate with those authorities, if they so wish. Such persons also have the right to communicate with those consular authorities, and to have legal representation arranged by them. These rights also apply to a requested person in EAW proceedings in the executing state. Common provisions Where the power to temporarily derogate from the right of access to a lawyer, or to have a person informed of deprivation of liberty, or to communicate with a third party, is put into effect, it must: be proportionate and not go beyond what is necessary; be strictly time-limited; not be based exclusively on the type or seriousness of the alleged offence; and not prejudice the overall fairness of the proceedings. The particular needs of vulnerable suspects and accused persons must be taken into account in fulfilling the obligations under the Directive. Member states must ensure that suspects or accused persons, and requested persons in EAW proceedings, have an effective remedy in the event of a breach of rights under the Directive. The Directive is not prescriptive as to the nature of such remedies, but where evidence has been obtained in breach of the right to a lawyer, or in cases where a derogation from the right was authorised under Article 3(6), any assessment of such evidence must respect the rights of the defence and the fairness of the proceedings (see further, Recital 50). 16