It is possible, or even likely, that such a request will not be acceded to. If the police are in the habit of using a certain interpreter, or there is simply no other interpreter available locally to provide the service in the language in question. To the extent that refusing to proceed with an interview may delay the investigation, possibly affecting the client’s chances of being released at this stage, you will have to bear in mind your deontological / ethical obligations to your client. However, the objective should be to ensure that no questioning takes place through substandard interpretation; if it is decided to go ahead regardless, whether you advise the client to stay silent or otherwise, it is essential to ensure a record is kept of your objection. b. General approach for questioning i. Brief the client on interpretation issues Subject always to deontological rules, it may be advisable to notify the suspect that there is a risk of them being misunderstood if they speak for too long, which may lead the interpreter to summarise and paraphrase. It would seem unobjectionable, ethically speaking, to ensure the client has a fair chance of being properly understood. So:  Prepare the client:  Let them know there is a benefit in not going too fast, and pausing between sentences to allow the interpreter to interpret each sentence. This will help reduce the possibility of error.  This should not, of course, be confused in any way with your advice to the client as to what questions they should or should not answer. ii. Record-keeping Records of police questioning may be kept in different ways. In some jurisdictions, such as the UK, questioning is tape-recorded systematically. In others, the practice is to compile a record of what was said during questioning and to ask the suspect to sign it. It is important for you to ensure that as good a record as possible is kept of any issues relating to interpretation. We would propose:      Record-keeping suggestions: Ask whether you can record the interview on a handheld device. If this is not allowed, ask for the refusal to be noted in the interview record. Take your own notes of issues which arise during the interview. Ask for a copy of this note to be added to the file, if this is possible. Ensuring that there is contemporaneous evidence of any issues arising during the questioning will prove useful later if you are required to substantiate an argument relating to the failure to ensure compliance with the Directive by the police authorities. iii. What to look for – in general Of course, lawyers cannot pick up ‘errors’ unless they happen to speak both languages fluently. But it may be possible to identify issues and areas of doubt, which you may argue subsequently should be resolved in favour of your client in the absence of a positive record (such as a recording). 26