access to a lawyer etc.). However, the Directive does impose standards relating to the manner in which such rights, as they exist in national law, are notified. As we have seen, the requirement for effective notification of rights arises in the ECtHR case-law as the necessarily corollary of any waiver of rights: the person must be informed of their rights if they can be taken to renounce them effectively and their statements held against them. The Directive thus has its effect in ensuring that prejudice does not arise through lack of awareness of procedural rights, in particular through the ill-advised renunciation of rights by unrepresented suspects such as to guarantee the right to a fair trial, the presumption of innocence and defence rights protected by Articles 47 and Article 48 of the Charter. 1. Take action at the point of notification (if you are there) Ensuring the Directive is respected means two things: (i) seeking to ensure it is complied with at the point of notification, and (ii) seeking a remedy if it is not complied with at the point of notification. The possible need to seek a remedy later means you need to be careful to document the existence of the infringement of the Directive, so that you can rely on it in court. a. When assisting a suspect Clearly, the real value of the Letter of Rights is in giving the unrepresented client a protection against ill-advisedly waiving his right to counsel and silence. Does the fact that you are there, at the police station, not negate any issue surrounding the notification of rights? After all, if you are there, it is because the suspect has been advised of his right to a lawyer, and has invoked it. We take the view that the EU has sought to create an extra-safe approach whereby the arrested suspect has (i) a written notification of his rights and (ii) the protection of legal assistance if he so chooses. Whilst the first is intended to facilitate the second, it remains a self-standing right which is not expressed as being conditional. Indeed, a Letter of Rights is not redundant if counsel is present. For instance, a detained suspect may be questioned again following the departure of the lawyer and would benefit from having a Letter of Rights to remind him of the advice given by his lawyer on staying silent. Equally, pending implementation of the Access to a Lawyer Directive, rules may differ as to the extent to which the lawyer is allowed to intervene during questioning, and it may be that physically being in possession of a Letter of Rights fortifies the suspect in exercising the right to silence as advised prior to the questioning by his lawyer. More obviously, it is clear that obtaining a Letter of Rights – in his own language, translated in accordance with Directive 2010/64/EU – will be of use to a foreign suspect or accused person so it is important for the lawyer to insist upon it.  The arrested suspect you are assisting has not been given a Letter of Rights or has not had his rights explained sufficiently. What to do?  Refuse to proceed to interview until the Letter of Rights has been provided and the suspect has had an opportunity to read it.  Point out relevant factors such as the stressful nature of the situation, any signs of anxiety in the client which show why particular care needs to be taken to ensure 18