D. USING THE DIRECTIVE IN PRACTICE 1. Identifying the documents of which you want translations In Section 2 below we will look at some of the legal argumentation that you can make to argue that the Directive entitles you to a translation of a document. However, before this you need to decide which documents you want, and then worry about arguing that the Directive entitles you to them. You may need translations for specific reasons (e.g. if it contains key parts of the accusation or if it is a key witness statement which the client needs time to consider and to check its content). But for other documents, the challenge is that you may not know, without consulting the client, whether the document or a part of it contains key information. The client, however, cannot assist if no translation (of one kind or another) is provided. That, we suggest, is the relevant test to apply: if you cannot determine the value of a document without the client’s input, you should seek a translation.  Identify the documents you want:  Is it a key document such as the notification of suspicion given upon arrest, a detention order, indictment or judgment?  Is it a witness statement that contradicts your client’s version of events and which he needs to see in order to tell you what is wrong?  Is the client in detention? Does this mean that there is not sufficient time for you to consult with your client as to the contents of the relevant document? 2. Making a request Once you have decided which documents you want, you need to make a request for them. Here, you are relying on Article 3(3) of the Directive entitling you to submit a ‘reasoned request’. As is clear from the text of the Directive, there is no specific requirement as to who should be responsible for deciding which documents are essential, hearing requests or challenges. This is essentially a matter for the Member States to organise. You will have identified in your preparatory work (see the Introduction) which authority is competent. It is possible that, under your national law, there is no authority specifically designated for requesting a translation. If no steps have been taken to implement the Directive, this could be a problem and you may need to persuade an authority that they must consider the request. This is the first point dealt with below. a. Basics There is no indication in the text of the Directive as to whether you should be able to submit a request in writing or orally and this will be governed by the relevant rules in your criminal procedure. Equally, the matters to be covered by the request will be partly determined by the national law position, but it is possible to make some basic suggestions:   Make a reasoned request in writing. State explicitly that you are making the request under Article 3(3) of the Directive, which entitles you to make the request for essential documents, as well as any relevant national provisions. 40