Inside Police Custody 2 registers must be made available to lawyers and relevant authorities (Art. 5(2)). Further, member states must ensure that interpreters and translators be required to observe confidentiality regarding interpretation and translation provided under the Directive (Art. 5(3)). With regard to complaint and enforcement, suspected or accused persons must have the right to challenge, in accordance with procedures in national law, a decision that there is no need for interpretation or translation, or the quality of the interpretation or translation provided. Slovenia, Romania, Austria, Poland and Hungary all have national registers of certified interpreters and translators, although a variety of approaches has been adopted regarding who may be included on the register. In Slovenia, for example, ‘court’ interpreters must pass an examination in order to be certified, and in Hungary, a certificate must be obtained from one of the authorised institutions, including some universities. Bulgaria also has a registration system, but it appears that interpreters have refused to co-operate with it, and have refused to register, because of low remuneration rates and also because a registered interpreter can be fined for refusing to interpret in a particular case. It was not within the aims of the research to examine the process of certification or registration, nor to seek to assess whether certification or registration provides a sufficient guarantee of competence to interpret or translate in criminal proceedings. Lithuania does not have a register of interpreters or translators, and there are no certification requirements other than in respect of sign language interpreters. The Lithuanian Translators’ Association does have a Code of Ethics, but this only applies to members of the association. In Italy, a list of certified translators is compiled by each court (and in a recent development, these are now used to create a national list of certified translators). However, it is up to each court to determine the conditions for certification – some require applicants to pass an examination, but others do not – and, therefore, there is no national system of quality control applicable to those who may be registered. In Spain, a law was introduced three years ago to establish a national register of certified interpreters/translators, but this law had not been implemented at the time that the research was conducted. The police do have to complete an evaluation form where an interpreter is used. This includes the officer’s evaluation of whether the interpretation was accurate. Whilst the police interviewed indicated that this system works well, it is difficult to see how a police officer can evaluate the quality of interpretation if they are not themselves proficient in the language concerned. Whilst the first four countries referred to above have complied with the requirements of the Directive, at least to the extent of creating a national register, there is a significant lacuna in the attempt to assure quality of interpretation and translation since in all of those countries the police may use interpreters or translators who are not registered or certified in certain circumstances; in particular if a registered or certified interpreter or translator is not available. The evidence suggests that what is intended to be an exceptional procedure is, in practice, often the norm. In Slovenia, the evidence suggests that the police normally used their own list of ‘contracted’ interpreters, who may or may not be registered. The position is similar in Austria, where the police lists may also include police officers. In the case of ‘low-level’ suspected crimes, Austrian police may use persons who are not on the list, such as family members. In Romania, the police may use ‘trusted’ individuals. In Hungary, the police may use a non-certified interpreter if no certified interpreter is available. Thus, even in those countries who have sought to implement the quality assurance mechanisms set out in the Directive, there are significant impediments to the aim of ensuring that interpreters and translators are appropriately qualified and competent. Further, as the Hungarian researchers point out in their national 27