Inside Police Custody 2
development of ‘vade mecums’ on cooperation between the police and interpreters, as well as the
continuous exchange of these professional groups, for instance through inter-disciplinary roundtables.
2. The way police currently inform about procedural rights should urgently be evaluated with regards to
accessibility, since the understanding of rights is the prerequisite for their active use. Furthermore,
more accessible texts could be drafted for the existing information sheets, with the help of experts on
easy and accessible language. In particular, existing uncertainties regarding the allocation of costs of
legal representation during the investigation proceedings should be dispelled. Police officers should be
further sensitised to the need to inform about rights and obligations not only in a correct, but also in an
understandable manner. Above all, the right of access to a lawyer during the investigation proceedings
should not be ‘belittled’ – in light of the current practice, it seems important to sensitise police officers
accordingly.
3. Summonses for questioning of persons who are not arrested should always be sent in writing and,
in case of juveniles and persons with guardians, summonses should always be sent to the legal
representative as well, to ensure an effective exercise of rights. It should be explicitly noted in the
summons that the consultation of a lawyer is not only a right, but that the exercise of this right does
not imply disadvantages for the accused person.
4. A general introduction of electronic files and a comprehensive granting of access to the electronic case
files would save resources of all parties involved and should, therefore, be applied in the investigative
stage.
5. The right of access to a lawyer during the investigation proceedings, in particular for persons who
are later granted legal aid or that are particularly vulnerable (e.g. juveniles) should be strengthened
and structured more effectively in the context of the Directive on legal aid for suspects and accused
persons in criminal proceedings and the Directive on procedural safeguards for children who are
suspects or accused persons in criminal proceedings. While in cases of arrested persons, a lawyer
should generally always be present during the interview, it would be important to introduce mandatory
defence during investigation proceedings at least for juveniles. To waive the right of access to a lawyer
should only be possible after consultation with the stand-by legal counselling service.
6. In the framework of police training and continuing education, as well as in the everyday work of police
officers, awareness should be increased about the legitimacy of the right to remain silent and about
the importance of providing adequate information about this right. This awareness-raising should
also lead to the recognition that even the partial use of the right to remain silent is not used against a
suspected person.
7. Audiovisual recordings of interviews, which is already used in many other countries, should also
be introduced in Austria. Audiovisual recordings that can only be waived in cases where legal
representation is present would constitute an optimal approach to documenting the interview and
achieving the highest possible value for it as evidence in later proceedings. In addition, it could
considerably unburden police officials from having to write minutes and enable them to focus
exclusively on the interview of the accused person.
8. Remedies to tackle violations of the rights of suspects and accused persons during investigation
proceedings should be strengthened for them to become more effective.
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