3. Access to the case file: In order to develop a defence strategy (including to argue for their clients to be released pre-trial) lawyers need to be granted access to information in the case file. EU law now recognises this, but the law in many Member States fails to protect this right, for example by giving prosecutors overly broad discretion to restrict access to the case file. Moreover, in practice, lawyers can face administrative burdens to obtaining access, or copies of materials. The procedure to obtain access to the case file, in particular the question of timing, requires further clarity. 4. Right to interpretation services: With prison statistics showing the extent to which non-nationals are overrepresented among detainees across the EU, effective legal representation requires access to interpretation services, not only during police questioning, but also during the initial consultation with the suspect’s lawyer. Thanks to EU law, we’ve seen changes in Member States to protect this right. However, there are still persistent problems in this area, in particular the poor quality of the interpretation offered to suspects, coupled with the lack of training and evaluation of interpreters. Generally, poor working conditions undermine the ability of interpreters to perform their important role in pre-trial proceedings. 5. Ineffectiveness of requests for alternative measures to pre-trial detention: Most legal systems recognise that pre-trial detention is a measure of last resort and have adopted a range of alternative measures. Despite this, in practice, judges tend to rule in favour of prosecutors’ requests for detention, rather than applying alternatives or simply ordering suspects’ unconditional release. Lawyers should advocate for their clients to be released or for alternative measures, but this is hard without time to prepare for the hearing, consult their client and consider the case file. If lawyers were better equipped, effective advocacy could gradually change the attitudes of judges and help reduce prison overcrowding. 6 The need for further action (at domestic and regional levels) Existing EU standards on procedural rights have a huge potential to improve the fairness of pre-trial detention proceedings. But even where the law in Member States appears to respect those rights on paper (which is not universally the case), practical barriers get in the way. These cannot be removed through the action of local practitioners in individual cases. We need Member States to fully engage in making these human rights a reality, and where Member States fail to do so or need support, we need the European Commission to take action.