Your right Chris this is where this comes in
COUNCIL OF THE EUROPEAN UNION Luxembourg, 7 October 2010
14414/10
PRESSE 259
Council adopts EU wide rights to interpretation and translation in criminal proceedings
The Council adopted today EU wide rules on the rights to interpretation and translation in
criminal proceedings (PE-CONS 27/10
[You must be registered and logged in to see this link.] ... 7.en10.pdf). An agreement has been reached with the European Parliament in first reading. Member states will now have to transpose the directive into national law.
The directive is based on an initiative taken by 13 Member States (Belgium, Germany,
Estonia, Spain, France, Italy, Luxembourg, Hungary, Austria, Portugal, Romania, Finland and Sweden).
Enhanced rights - interpretation and translation.
The directive will substantially enhance the rights for suspected and accused persons. They will in particular have the following rights:
Right to interpretation
A suspected or accused person who does not understand or speak the
language of the criminal proceedings concerned will be provided without
delay with interpretation during criminal proceedings before investigative
and judicial authorities, including during police questioning, during all court
hearings and during any necessary interim hearings.
Where necessary for the purpose of ensuring the fairness of the proceedings,
interpretation will also be available for communication between the
suspected or accused person and his legal counsel in direct connection with
any questioning or hearing during the proceedings or with the lodging of an
appeal or other procedural applications, such as for bail.
14414/10
Right to translationA suspected or accused person who does not understand the language of the
criminal proceedings concerned is provided with written translation of all
documents which are essential to ensure that he is able to exercise the right
to defend himself and to safeguard the fairness of the proceedings.
Essential documents include decisions depriving a person of his liberty, the
charge/indictment and any judgment. The competent authorities shall decide
in any given case whether any other document is essential. The suspected or
accused person or his legal counsel may submit a reasoned request to this
effect.
Passages of essential documents which are not relevant for the suspected or
accused person to have knowledge of the case against him do not have to be
translated.
As an exception to the general rules, an oral translation or an oral summary
of essential documents may be provided instead of a written translation, on
condition that such oral translation or oral summary does not affect the
fairness of the proceedings.
The directive also contains provisions on quality of interpretation and translation
and on training of judges, prosecutors and judicial staff.
European Convention on Human Rights.
The directive aims at achieving a more consistent implementation of the rights and
guarantees set out in Article 6 of the European Convention on Human Rights, and to
provide a further development within the European Union of the minimum standards set
out in this Convention and in the EU Charter of Fundamental Rights.
Part of a wider package.
The directive is the first concrete measure of the "
Roadmap"
for strengthening procedural
rights of suspected and accused persons in criminal proceedings, which was adopted by the
Council in November 2009 The Council unanimously agreed on this wider package of
legislative and non-legislative initiatives in October 2009 (14552/1/09).