Inside Police Custody 2 A concern in a range of countries in the study is that the information provided is not sufficient ‘to safeguard the fairness of proceedings and allow for an effective exercise of the rights of the defence’. In Spain and Italy, the evidence suggests that the relevant information is normally sufficient to satisfy the requirements of the Directive. However, in Slovenia, the lawyers interviewed indicated that whilst information about the suspected offence is always provided, information concerning the grounds for suspicion is not. The practice in Hungary appears to be similar, with lawyers indicating that the police tend to simply refer to the relevant legal provision, without any explanation or reasoning. In Austria, the information regarding the suspected offence is ‘rudimentary or vague’; but the Supreme Court has, in effect, undermined the requirements of the Directive by holding that the provision of comprehensive information at the investigative stage is ‘barely possible’. 3.4 Access to case materials and documents Article 7 of the Directive contains a number of provisions regarding the right of access to case materials. Article 7(1) provides that where a person is arrested and detained at any stage of criminal proceedings, member states must ensure that documents related to the specific case in the possession of the competent authorities which are essential to challenging effectively, in accordance with national law, the lawfulness of the arrested or detention, are made available to arrested persons or their lawyers. Article 7(2) concerns a broader right; access to all material evidence in the possession of the competent authorities. Access to such material must be granted in due time to allow the effective exercise of the rights of the defence, and at the latest upon submission of the merits of the accusation to the judgement of a court. There is provision for derogation from the right of access to material under Article 7(2), but not from the right of access to documents under Article 7(1). Access to documents or materials under Article 7 must be provided free of charge, but this right may be limited to providing the suspected or accused person, or their lawyer, with the opportunity to view the relevant documents or materials. Recital 34 states that the right of access to case materials is without prejudice to provisions of national law providing for fees for documents to be copied or to be sent the person concerned. Of particular interest in respect of suspected or accused person who are detained by the police is the right of access to documents under Article 7(1) since it concerns the ability of such persons to challenge the lawfulness of their arrest or detention, and which may, therefore, have an impact on their immediate circumstances. It should be noted, however, that the right of access to case materials under Article 7(2) is not irrelevant at the investigative stage, particularly because the right to be informed about the accusation under Article 6(1) is relatively limited and, especially where out-of-court disposals or speedy trial procedures are available and employed, there may be no other opportunity for a suspected or accused person to have access to case materials. As a result, a suspected or accused person may have to make a decision about whether to consent to, or co-operate with, such procedures without having full information about the evidence. Arguably, the right of access under Article 7(1) is not confined to circumstances where a suspected or accused person does challenge the lawfulness of the arrest or detention, but provides for access to documents so that the suspected or accused person is in a position to make an informed decision about whether there are grounds to challenge their arrest or detention. Whilst Recital 30 states that such documents should be made available before a competent authority is called to decide upon the lawfulness of the arrest or detention, it goes on to provide that access must be ‘in due time to allow the effective 38