Inside Police Custody 2
competent interpreters, and in any event the police often have the power to circumvent the obligation
to use a registered or competent interpreter. Low levels of remuneration for interpreters is a common
problem which, in turn, affects both levels of competence and the willingness of interpreters to attend
police stations, especially at short notice or out-of-office hours. Whilst remote interpretation is, in principle,
available in a minority of countries, it is rarely if ever used.
The law in most of the countries in the study regulates, with some degree of precision, the time at which
information about procedural rights must be provided to suspected and accused persons, and in most
cases, this is sufficient to comply with the requirements of the Directive. The laws of all countries provide
for a letter of rights, although in many countries in the study the letter of rights does not cover all of the
rights required by Article 4 of the Directive on the right to information. Most countries have a standard
letter of rights, but regrettably most were found to be lengthy and complex, so that many suspected
and accused persons, particularly those with vulnerabilities or those who have language difficulties, are
unable to fully understand them. Thus, most countries do not comply with the requirement in Article 4(4)
of the Directive on the right to information that they be drafted in simple and accessible language. These
problems, together with the failure in some countries to require that suspects and accused persons be
given an opportunity to read the letter of rights, and the failure to require that suspected and accused
persons be allowed to keep them in their possession (Art. 4(1)), can be relatively easily remedied. Greater
consideration is needed to deal with the problems, in practice, of ensuring that the police comply with
the requirements concerning the letter of rights, and also those associated with the various obligations to
provide sufficient and meaningful information concerning arrest, detention and the suspected offence, and
to provide access to relevant documents and materials.
Perhaps the greatest difficulties disclosed by the research concern the right of access to a lawyer.
Generally, the laws of all of the countries in the study provide for such a right (subject to the limitations
already explained in respect of Bulgaria and Romania), but (with the exception of a minority of counties,
notably Spain), most detained suspects in most countries do not, in practice, have access to a lawyer
at the early stages of the criminal process. Where suspects do have access to a lawyer, the research
discloses significant concern in most countries about their quality and competence, particularly in respect
of legal aid or ex officio lawyers. A range of factors appears to be at work to limit effective access to
competent legal advice and assistance. In some countries, the police discourage or prevent suspects from
exercising their right to a lawyer, or encourage them to use a lawyer preferred by the police, sometimes
facilitated by the lack of a recording requirement so that the process is not transparent. Many duty lawyer
or ex officio schemes do not guarantee that a competent lawyer is available and willing to attend the police
station at short notice, and even where a lawyer does attend, the facilities for private consultation are
often inadequate or non-existent. Such problems are often exacerbated by a failure to disclose relevant
information about the suspected offence, limitations on what the lawyer may do during interrogations, and
low levels of remuneration.
The governments of Bulgaria and Romania should (preferably in discussion with the European
Commission) give fresh consideration to their approach to the applicability of the Directives, which is
important not only in respect of the three Directives considered in this study, but also the Directives
that have to be transposed during 2019. However, the research demonstrates that the governments of
the other countries in the study have, to varying extents, sought to faithfully transpose the Directives
into domestic law. Researchers were able to identify both good examples of legal provisions regarding
procedural rights, and effective approaches and schemes for delivering them. Nevertheless, serious
attention does have to be paid, in all of the countries in the study, to how the rights encompassed by
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