(d) the means through which it is provided (e.g. orally or in writing, in suitable language, the needs of the vulnerable included)?
Austria
The suspect is informed (usually in writing) and in a language he understands. Even though the law provides that the information must be given not only in a language, but also in a way the suspect understands (§ 50(2) StPO), the suspect understands the information in practice only if he can read and understand a rather complex written information.
Belgium
the right of access to a lawyer; IN WRITING (letter of rights – Royal Decree of 16/12/2011)
any entitlement to free legal advice and the conditions for obtaining such advice: IDEM
the right to be informed of the accusation: IDEM
the right to interpretation and translation: IDEM
the right to remain silent : IDEM
The content of the Belgian letter of rights is of course translated verbally to the suspect who does not understand the language of the proceeding.
Bulgaria
The right to information on procedural rights is always provided in writing in my country. Academicians and practitioners consider that both national law and practice guarantee that the information is given in a suitable language, when needed, and taking into account the needs of vulnerable people. I share this view.
Croatia
The list of rights is provided in writing. Information is given in the suitable language (if the suspect or accused person is a foreigner, than it his own language), which includes the needs of the vulnerable persons. Before conducting legal actions, the suspect or accused person is questioned whether he received the list of rights, and if so, whether he understood it. If the accused person or suspect didn’t receive the list of rights, he will be promptly provided with one and no actions will be conducted before suspect or accused person is provided with one.
Cyprus
According to the Judge’s Rules the caution is made orally and in writing if the suspect or accused wishes to give a written statement. In the written statement it is written by the investigating officer the nature of the crime he is investigating against the suspect or accused and the right to silent which is signed by the suspect or accused. If the suspect or accused refuses to sign it then the senior police officer present, records on the statement itself and in the presence of the suspect or accused making it, what has happened.
In the case of a foreigner making a statement in his native language:
(a) The interpreter should take down the statement in the language in which it is made.
(b)An official English translation should be made in due course and be proved as an exhibit with the original statement.
(c) The foreigner should sign the statement at (a).
Interrogation of children and young persons
As far as practicable children (whether suspected of crime or not) should only be interviewed in the presence of a parent or guardian or in their absence some person who is not a police officer and is of the same sex as the child. A child or young person should not be arrested, nor even interviewed, at school if such action can possibly be avoided. Where it is found essential to conduct the interview at school this should be done only with the consent, and in the presence of the head teacher or his nominee.
Czech Republic
See the answer (b).
Estonia
According to § 351(1) of CCP, the information shall be provided orally or in writing in plain and intelligible language. In practice, usually the information is submitted to the suspect on paper and the suspect is asked to read the text (which is copy-paste of the relevant provision cited above) and to confirm by his/her signature that they have read and understood the rights. Oral explanation is rare, and it is done only when the suspect explicitly asks for clarification. There is no provision which requires the authorities to take the needs of vulnerable persons into account.
In my view, the general practice of submitting the text of the relevant paragraph of the law for reading cannot be considered as fully compliant with the meaning of Article 3(2) of the Directive -- the language is hardly simple and accessible.
Finland
As stated above, the information is provided in writing, in case it’s not a question of simplified investigation. It is also provided in suitable language with the possible exception of the right to remain silent. In case of more unusual languages it is possible that the information is not provided in writing but given orally via an interpreter. According to information obtained from the police, the letter is available in 10 languages.
The needs of vulnerable are not taken into account specifically enough at least in legislation. The Criminal Investigation Act contains provisions regarding treatment of suspects under the age of 18, but otherwise the needs of vulnerable suspects are, according to the Government Bill implementing the Directive, to be taken into account in training the investigative authorities.
France
By writing during the police interview.
Germany
Greece
The information of these rights shall be provided, in accordance with applicable legislation and in particular with Article 99A par. 2 of the Greek Code of Criminal Proceedings, as inserted by Law 4236/2014 and national practice, in simple and accessible language, orally or in writing, taking into account the special needs of suspected or accused persons who are vulnerable.
The rights in practice are communicated orally in the Greek language. If there is a foreigner, an interpreter is called for translation. There is not always an interpreter for specific language cases.
Hungary
Such information is made in his/her mother tongue, since they are official information when an interpreter is always present.
Ireland
In a non-custody situation the information is always provided orally by the judge in the Court in the first instance. The judge having directed the prosecution to provide either a précis or the statements of evidence they will subsequently be provided in writing to the defence.
Italy
In writing or if given orally, a minute and description of the information has to be written and signed also by of the accused person.
Latvia
It is issued in writing and, where necessary, explained to him or her. All information is given in a language that he or she understands.
Lithuania
See the answer (b). If the suspect or the accused person does not speak and understand the Lithuanian language, the information on all procedural rights is being translated into the suitable language.
Luxembourg
The information is provided orally and the written traces of the notification of information is contained or in the PV au audition by the police or in the PV of audition by the investigating judge.
No separate bill of rights is given formerly to any investigating act to the person put under procedure, which is in the eyes of undersigning contrary to the directive, which is still NOT implemented in national law till date.
Malta
Orally and in writing
Poland
The Article 244 § 2 CCP concerning the right to information of a detainee (a suspected person as well as potentially suspected person) doesn’t precise the form of such information. Such information can be provided orally but also in writing and both of these forms can be found in practice. However, the most appropriate form of such information is a form in writing, by handing over a detainee a sheet of paper (a letter of rights) containing excerpts from the proper provisions (with marking of the numbers of articles of the Code of Criminal Proceedings where such provisions are placed). It should be noted that as the result of implementation of the directive 2012/13/EU there appeared a new provision in Polish CCP, added by the act of the 27th of September, 2013 amending the Code of Criminal Proceedings (Journal of Laws of 2013, item 1247). This provision is the Article 244 § 5. It states about the competence of the Minister of Justice who is empowered to introduce in the ordinance a model letter of rights with information provided to a detainee. The mentioned model letter of rights shall include information especially on such rights of a detainee like: the right to free assistance of the interpreter or translator, the right to make a statement or to refuse of making a statement regarding a subject of detention, the right to obtain a copy of minutes documenting the detention, the right of access to an urgent medical assistance, the right of access to a lawyer, the right to challenge a decision on detention to the court and other procedural rights. The model letter of rights shall also contain the information on the period of detention. It is demanded that the instruction (letter of rights) addressed to a detainee shall be prepared and presented with respect to the necessity of being understood also by persons who aren’t represented by lawyers. (In practice this demand generally means that the instruction shall be provided in a suitable, communicative language and it seems that - from this point of view – such instruction shall take into account also the needs of vulnerable persons. Till now the practice hasn’t brought critical remarks about the manner of fulfilling of this demand). Nowadays, the binding model letter of rights is included in the appendix to the Ordinance of the Minister of Justice of the 3rd of June, 2015 (Journal of Laws of 2015, item 835). It generally corresponds to the indicative model letter of rights as proposed in the annex I of the directive 2012/13/EU. It is worthy to add that – due to the new § 4 of the Article 607 l CCP (also added by the act of the 27th of September, 2013 amending the Code of Criminal Proceedings) – the Minister of Justice is empowered to introduce in the ordinance the model letter of rights for persons detained on the basis of a European Arrest Warrant. Such letter of rights shall include information on the following rights: the right to be informed about the contents of the European Arrest Warrant on the basis of which a concrete person have been detained, the right of consent for being surrendered to the seeking Member State, the right to make a statement regarding to a subject of being surrendered, the right of access to a lawyer, the right to depose, the right of refusal to depose or to refuse answering questions, the right to become familiar with the files of the proceedings in the scope concerning the grounds of detention, the right of access to the urgent medical assistance, the right to free assistance of an interpreter or a translator and some others rights. It is required that the instruction (letter of rights) addressed to a detainee under a European Arrest Warrant shall be prepared and presented with respect to the necessity of being understood also by persons who aren’t represented by defence lawyers. And the remark like one presented above should be made – in practice this requirement meets frequent interpretation that the instruction shall be provided in suitable language and it shall respect the needs of vulnerable persons too. Till now the practice in Poland hasn’t brought critical opinions on the manner of fulfilling of this requirement. The aforementioned model letter of rights is contained in the appendix to the Ordinance of the Minister of Justice of the 11th of June, 2015 (Journal of Laws of 2015, item 874) and it respects demands of the indicative model letter of rights for persons detained on the basis of a European Arrest Warrant, as it is given in the annex II of the directive 2012/13/EU.
The Article 300 § 1 CCP clearly requires that the instruction for a suspect shall be hand over him or her in writing. By the way, a suspect should confirm by his or her signature that he or she obtained the mentioned instruction. The Article 300 § 2 CCP indicates a competence of the Minister of Justice to issue an ordinance including letter of rights (a written form) of suspects taking into account the necessity that such written instruction shall be understood also by persons who are not assisted by legal representatives (lawyers) - advocates or legal advisors. In practice the demand that the instruction shall be understood by suspects who are not assisted by legal representatives means that it ought to be transparent and written in a simple, clear, accessible language. The practice in Poland hasn’t brought critical remarks about the manner of fulfilling this demand yet. At present, a model letter of rights (and – it should be noted – also duties) is indicated in the appendix to the Ordinance of the Minister of Justice of 11th of June, 2015 (Journal of Laws of the 26th of June 2015, item 893). The proposed binding model letter of rights and duties of a suspect in criminal proceedings includes most of the rights indicated in the indicative model letter of rights placed in the annex I of the directive 2012/13/EU. Unfortunately, the model letter of rights and duties proposed in the ordinance of the Minister of Justice issued on the legal grounds of the Article 300 § 4 CCP doesn’t include contents on the right that a third person can be informed about suspect’s detention or arrest as well as on the right that a suspect who is foreigner might inform his or her consular authority or diplomatic representation about his or her detention or arrest. In the Polish model letter of rights and duties of a suspect in criminal proceedings there are not included contents concerning the suspect’s right to the urgent medical assistance and a period of depravation of liberty as well as about the obligation to be released at the end of this period or to be heard by a judge who will decide on the further detention of a suspect. There is also no information that a suspect can ask his or her lawyer or a judge for information about the possibility to challenge the arrest, to review the detention or to ask for provisional release.
The instruction for a person (a suspect or an accused) who is temporarily arrested shall be hand over him or her in writing (this conclusion is a result of the interpretation of the Article 300 § 1 CCP). On the grounds of the Article 263 § 8 CCP (also added by the act of the 27th of September, 2013 amending the Code of Criminal Proceedings) – the Minister of Justice is empowered to introduce in the ordinance the model letter of rights for persons who are temporarily arrested in criminal proceedings. Such letter of rights shall be prepared in a manner taking into account the necessity to be understood for persons who are not assisted by legal representatives. (In practice it means that the language of the letter of rights should be suitable and communicative). At present, a model letter of rights of a person temporarily arrested in the criminal proceedings is shown in appendix to the Ordinance of the Minister of Justice of the 11th of June, 2015 (Journal of Laws of the 25th of June 2015, item 885). The letter of rights – taking into account its model - shall include information on the following rights: the right to depose, the right of refusal to depose, the right of refusal to answer question; the right of access to a lawyer (even to a public defender), the right to free assistance of an interpreter or a translator, the right to inform a third person about suspect’s temporary arrest, the right to inform by a suspect (who is foreigner) his or her consular authority or diplomatic representation about his or her temporary arrest, the right to information on charges (as well as about the supplement of their contents, their modifications and about legal qualification of the crime), the right to review files of the criminal proceedings in a part containing evidences indicated in a motion for applying or extending a temporary arrest, the right to challenge the court’s decision concerning the application or extension of the temporary arrest, the right to lodge a motion for revoking the temporary arrest or changing it to another preventive measure in criminal proceedings, the right of access to the urgent medical assistance.
Portugal
It is provided orally and in writing including the needs of the vulnerable.
Romania
Slovakia
It is provided orally but subsequently recorded in writing (Minutes, official file record). It is cited from the legislation but according to Sec 34 para 4 CCP, if necessary, the information is explained in more detail.
Slovenia
The information shall be provided orally.
Spain
In writing and orally, with special attention to people with difficulties in comprehension. The lawyer is present at that moment.
Sweden
See the answer under (a) above.
The Netherlands
As mentioned above with regard to suspects who are not arrested verbal notification suffices. In case the suspect is detained the notification should take place in writing.
UK
England and Wales
See answer to (a) above.
Scotland
The offence, and the right to silence, are explained verbally, and are later recorded in detention/arrest forms at the police station. All of the rights of a person deprived of his liberty are set out in a Letter of Rights, provided at the police station. I attach a copy of the full text of the Letter of Rights.
Northern Ireland
C&E notified orally.
A, B, C & E notice is read out prior to the interview, copy of this notice given to suspect after interview.
D notice displayed in custody suite – at station designated to deal with detained persons, pace 10 interviews often occur in the custody suite. In non-designated station notice displayed in the enquiry office, approx. 20 languages on notice.
