‘In the same line of reasoning, the assistance of an interpreter should be provided
during the investigating stage unless it is demonstrated in the light of the particular
circumstances of each case that there are compelling reasons to restrict this right.’13
This established that, under the ECHR, the right to an interpreter at the police station is a basic
guarantee of criminal procedure, akin to the assistance of a lawyer. This right, and many of the
concepts evoked in the core statement, are now reflected in the main provisions of the Directive.
C. OVERVIEW OF THE DIRECTIVE
1. At a glance
Provision
What it covers
Particular aspects
Article 1
Subject matter
/ scope
Applies to criminal proceedings and proceedings for execution
of a European Arrest Warrant (EAW)
Applies from the time person is ‘made aware by the competent
authorities … by official notification or otherwise, that they are
suspected or accused of having committed a criminal offence
until the conclusion of proceedings’
Where minor offences sanctioned administratively and only the
appeal is before a court, the Directive applies only to the court.
Does not affect laws concerning access to a lawyer or access to
documents
Entitles suspected or accused persons ‘who do not speak or
understand the language’ to interpretation without delay before
judicial authorities and during police questioning,
Interpretation for communication between suspected and
accused persons and legal counsel in direct connection with any
questioning, hearing or appeal, where necessary to safeguard
the fairness of proceedings
Appropriate assistance for persons with hearing or speech
impediments
‘Procedure or mechanism’ to ascertain whether interpretation
needed
Right to challenge a decision finding that there is no need for
interpretation / possibility to complain about quality of
interpretation provided
Use of technology permitted
Article 2
13
Right to
interpretation
Paragraphs. 24-25.
9