The Right to Interpretation and Translation in Criminal Proceedings (Scotland) Regulations 2014

Right to translation of essential documents in police custody

4.—(1) Where a person is in police custody, a constable must take all reasonable steps to determine whether the person requires a translation of all essential documents (if any) because the person does not understand English.

(2) Where the constable determines that the person requires such a translation, the constable must ensure that arrangements are made for the person to be provided with a written translation of all essential documents—

(a) within a reasonable period of time;

(b) for the purpose of safeguarding the fairness of the police proceedings in accordance with the Directive.

(3) Despite paragraph (2), the person may be provided with—

(a) a written translation only of such part or parts of an essential document as are relevant for the purpose mentioned in that paragraph; or

(b) an oral translation or oral summary of an essential document, instead of a written translation, unless this would prejudice the fairness of the police proceedings.

(4) In this regulation, “essential document” means any document relating to the person being in police custody which—

(a) authorises the deprivation of the person’s liberty by a constable or charges the person with having committed an offence; and

(b) is required by any enactment to be provided to the person in writing.