Inside Police Custody 2
believe that in such circumstances, it is not in the client’s best interest that their presence allows for the
written record of the interrogation to be used as evidence later in court. However, even the official note
of the suspect’s statement (made without a lawyer) is kept in the case file through the entire criminal
proceedings, including trial and the presiding judge is acquainted with the statement. Furthermore, the
official note of the statement often provides the basis for further police investigative action and therefore
has an important impact on the course and the outcome of criminal proceedings. This confirms the
importance of the lawyer’s involvement in the police stage of the proceedings and underlines the need to
establish an effective legal aid and mandatory defence system for detained suspects.
Recommendations
To the Government and the State Assembly:
1. To amend the CPA so that the right to free-of-charge interpretation of private lawyer/client consultation
is clearly included in the relevant legal provisions;
2. To amend the CPA to extend mandatory legal assistance to police proceedings, similarly as this is
arranged in the court phase of the proceedings;
3. To amend the CPA ensuring suspects and accused persons have effective access to legal aid, with
clear pathways and conditions from the time they are suspected of having committed a criminal
offence, including police detention proceedings;
4. To set up a scheme of duty lawyers that could be contacted by the police to assist the suspect to
retain a lawyer if the suspect so requests;
5. To set up a requirement and to ensure training for lawyers that provide representation at the police
stage of the proceedings.
6. To clarify in the law that suspects have the right to keep the Letter of Rights with them, while they are
detained.
To the Police:
7. To provide clear guidelines to police officers assessing the need for an interpreter in police
proceedings to widely ensure professional interpretation to all suspects who do not speak or
understand the official language of the proceedings;
8. To provide the suspects with written translation of essential documents related to police detention;
9. To introduce mechanisms for checking whether the suspect understood the information provided
by the police; e.g. asking the suspect to repeat the information in his/her own words and providing
additional explanations;
10. To ensure access to police documents and materials to suspects and their lawyers for the purpose of
effective defence.
A.9 Spain – Conclusions and Recommendations
Major issues
Right to interpretation
The legal framework on the right to interpretation and translation is generally compliant with the provisions
of the Directive, as it seeks to ensure access to interpretation at the earliest phase of the arrest. However,
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