Inside Police Custody 2
to them’, and that information regarding procedural rights must be provided in writing, in simple and
accessible language, and in a language that the person understands.
3.2 Information about procedural rights and the ‘letter of rights’
There are two distinct aspects of the right to information about procedural rights established by the
Directive. First, all suspects and accused persons, irrespective of whether they are detained, must (as a
minimum) be promptly informed of the specified rights ‘in order for those rights to be exercised effectively’
(Art. 3(1)). The information specified may be provided orally or in writing, but must be provided in simple
and accessible language, taking into account any particular needs of vulnerable suspected or accused
persons. (Art. 3(2)). The rights specified in the Directive are:
(a) the right of access to a lawyer;
(b) any entitlement to free legal advice and the conditions for obtaining such advice;
(c) the right to be informed of the accusation, in accordance with Article 6 of the Directive;
(d) the right to interpretation and translation; and
(e) the right to remain silent.
Second, suspected and accused persons who are arrested or detained must be provided promptly with
a written letter of rights, must be given the opportunity to read it, and must be allowed to keep it in their
possession throughout the time that they are deprived of their liberty (Art. 4(1)). The letter of rights must
be drafted in simple and accessible language (Art. 4(4)), and member states must ensure that suspected
or accused persons receive the letter of rights in a language that they understand. If the letter of rights
is not available in the relevant language, the information may be provided orally in a language that the
person does understand, but a written letter of rights in a language that the person understands must
subsequently be given to them without delay (Art. 4(5)). The information specified for inclusion in the letter
of rights are the rights covered by Article 3, plus the following:
(a) the right of access to case materials;
(b) the right to have consular authorities and one person informed;
(c) the right of access to urgent medical assistance;
(d) the maximum period suspects or accused may be deprived of their liberty before being brought
before a judicial authority; and
(e) basic information about any possibility of challenging the lawfulness of the arrest, obtaining a
review of detention, or making a request for provisional release (Art. 4(2) and (3)).
The obligations in the Directive to inform suspected and accused persons of their procedural rights are
clearly and precisely expressed and, in principle, ought to have been relatively straightforward for Member
states to transpose into domestic law. However, evidence from the research demonstrates that whilst
some states have faithfully transposed the requirements, others have not. Furthermore, even in those
countries where the provisions have been faithfully and accurately transposed, this has not necessarily
been reflected in practice. In view of the wide range of research findings, a brief account of the findings for
each country in the study is set out below.
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