Inside Police Custody 2 Member states must ensure that interpretation and translation is made available where necessary, and in respect of the former, must ensure that a procedure or mechanism is in place to ascertain whether suspected or accused persons speak or understand the language of the proceedings and whether they need the assistance of an interpreter. The rights are not limited to persons who cannot speak or understand the language because their first (or only) language is other than that used in the proceedings, but also apply to those who cannot do so because, for example, they have a speech or hearing impediment. Member states must take concrete measures to ensure that the interpretation or translation provided is of a sufficient quality to safeguard the fairness of proceedings, and in furtherance of this objective, must endeavour to establish a register or registers of independent interpreters and translators who are appropriately qualified. Suspected or accused persons must, in accordance with procedures in national law, have a right to challenge a decision that there is no need for interpretation or translation, and a right to challenge the quality of interpretation or translation. 1.2.2 The Directive on the right to information The Directive on the right to information was adopted on 22 May 2012, with a transposition date of 2 June 2014,6 and regulates three sets of rights: the right to be informed about procedural rights; the right to be informed of the reason for arrest or detention, and about the accusation; and the right of access to case materials. Right to be informed of procedural rights Suspected or accused persons, irrespective of whether they are arrested or detained, must be provided promptly, orally or in writing, of certain rights: the right of access to a lawyer; any entitlement to free legal advice; the right to be informed of the accusation in accordance with Article 6 of the Directive, and the right to remain silent (Art. 3). Where a person is arrested or detained, they must be provided promptly with a written ‘letter of rights’, which they must be given an opportunity to read and allowed to keep throughout the time that they are deprived of their liberty (Art. 4). In addition to the information provided in accordance with Article 3, the letter of rights must contain information about: the right of access to case materials; the right to have consular authorities and one person informed; the right of access to urgent medical assistance; the maximum time that the person may be deprived of their liberty before being brought before a judicial authority; and basic information about the possibility of challenging the lawfulness of the arrest, obtaining a review of the detention, or making a request for provisional release. In both cases, the information must be provided in simple and accessible language. In the case of the letter of rights, if such a document is not available in the appropriate language, the information contained in it may be provided orally in a language that the suspected or accused person understands, followed up with an appropriate translated letter of rights ‘without undue delay’. Where a person has been arrested for the purpose of the execution of an EAW, they must be provided promptly with an appropriate letter of rights containing information about their rights in accordance with Framework Decision 2002/584/JHA. Right to be informed of the reasons for arrest/detention, and about the accusation Under Article 6 of the Directive, Member states must ensure that: suspected or accused persons are Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings. 6 13

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