Inside Police Custody 2 4. The right of access to a lawyer 4.1 Transposition of the Directive Member states were required by the terms of the Directive to bring into force the laws, regulations and administrative provisions necessary to comply with the Directive by 27 November 2016, and to transmit the text of those measures to the Commission (Art. 15(1) and (3)). The governments of all of the countries in the study did introduce some such measures, and reported having done so to the Commission. However, as with the other two Directives which are the subject of this study, the pre-existing law regarding access to a lawyer at the investigative stage, and the extent and level of detail of the measures adopted to transpose the Directive into domestic law, varies considerably. As with the other Directives with which this research is concerned, the Directive on the right of access to a lawyer applies to suspects or accused persons in criminal proceedings from the time when they are made aware by the competent authorities, by official notification or otherwise, that they are suspected or accused of having committed an offence (Art. 2(1)). The Directive applies to suspects or accused persons irrespective of whether they have been deprived of their liberty, although the research focuses on those who have been arrested or otherwise detained. The Directive is expressly applied to persons who, in the course of questioning by the police or other law enforcement authority, become suspects or accused persons (Art. 2(3)). Where the law of a member state provides for the imposition of a sanction (other than the deprivation of liberty) by an authority other than a criminal court, and the imposition of such a sanction can be appealed or referred to such a court, the Directive only applies to the proceedings before the court. However, the Directive does apply if the person is deprived of their liberty (Art. 2(4)). Member states must ensure that suspects and accused persons have the right of access to a lawyer in such time and in such manner so as to allow them to exercise their rights of defence practically and effectively (Art. 3(1)). The Directive expressly provides that suspects and accused persons must have access to a lawyer without delay before being questioned by the police or other law enforcement or judicial authority, upon the carrying out of an investigative or other evidence-gathering act (in accordance with Art. 3(3)(c)), or after deprivation of liberty, whichever is the earliest (Art 3(2)). Temporary derogation from the right of access to a lawyer at the pre-trial stage is permitted, but only in strictly defined circumstances (Art. 3(5) and (6), and Art. 8). In the majority of countries in the study, the law provides for a right of access to a lawyer on or following arrest or detention. In some countries, such as Spain, Italy and Slovenia, this is a long-standing right, although in some of these countries the right was expanded and/or regulated in greater detail for the purpose of transposition of the Directive. For example, in Spain, the regulation of what the right of access to a lawyer means was extended, so that it now specifically includes advice to a person about the consequences of giving or refusing consent to investigative procedures, and a right to a private consultation with a lawyer before and after interrogation. The major exceptions to this general approach are Romania and Bulgaria. In Romania, the right of access to a lawyer does not apply in the case of administrative leading to a police station, which normally precedes formal arrest. In Bulgaria, as with the other Directives, the official view taken was that the Directive does not apply during the initial police detention (see section 1.2.4 above). The law does provide for a right of access to a lawyer from the moment of detention but, in many respects, it does not comply with the Directive. In particular, it does not provide for a right to a private consultation with the lawyer prior to police questioning, nor for a right 43