Inside Police Custody 2 The three Directives contain a similarly worded exception regarding minor offences: where the law of a member state provides for the imposition of a sanction regarding minor offences by an authority other than a court having jurisdiction in criminal matters, and the imposition of such a sanction may be appealed to such a court, the Directive only applies to the proceedings before a court following such an appeal. The Directive on the right of access to a lawyer also provides that the exception applies to minor offences where deprivation of liberty cannot be imposed as a sanction. It should be noted that the approach to articulating rights differs slightly both between, and within, the three Directives. Sometimes the rights of suspected and accused persons are expressed as an obligation on member states to ensure that a particular right is provided; for example, ‘Member State shall ensure that suspects and accused persons have the right of access to a lawyer…’ (Directive on the right of access to a lawyer, Art. 3(1)). On other occasions they are expressed in the form of an obligation on a member state without expressly stating that they concern a right; for example, ‘Member States shall ensure that suspected or accused persons who do not speak or understand the language… are provided, without delay, with interpretation…’ (Directive on the right to interpretation and translation, Art. 2(1)). Such variances in drafting may be interpreted as reflecting nuanced differences between various aspects of the Directives which may have practical implications. For example, the obligation of a state to ensure that interpretation is provided to a person who does not speak or understand the language may suggest, or be treated as suggesting, that a mere claim by a suspect or accused that they do not speak or understand the language is not sufficient, by itself, to put the state under an obligation. However, whilst it is not expressed as a right in Article 2(1), Article 2 is headed ‘Right to interpretation’ and it is expressed as a right in Article 2(3). It is argued, therefore, for the purposes of this research at least, that such differences in wording are irrelevant, and that a provision of a Directive will amount to a right of the suspected or accused person whether or not it is directly expressed as such. 1.2.5 Other procedural rights Directives Although the research project was primarily concerned with the practical implementation of the first three Directives under the EU procedural rights roadmap, it should be noted that three further Directives have been adopted, one of which came into force during the period that the project was being conducted, and two of which come into force in 2019. The first of these, the Directive on the presumption of innocence and the right to be present, was adopted on 9 March 2016, with a transposition date of 1 April 2018.10 This provides that suspects and accused persons are to be presumed innocent until proved guilty according to law. In support of this principle, the Directive imposes a number of obligations on member states, including a prohibition on public references to guilt, and provisions regarding the public presentation of suspects and accused persons, the burden of proof, and the right to silence and the right of a person not to incriminate themselves. In addition, it includes a number of provisions regarding the right of an accused to be present at their trial. The Directive on procedural safeguards for children who are suspects or accused persons was adopted on 11 May 2016, and comes into effect on 11 June 2019.11 This is the longest and most complex of the six Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings. 11 Directive (EU) 2016/800 of the European parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings. 10 18