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

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Right to translation of essential documents in court proceedings

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9.—(1) Where a person is the subject of criminal proceedings, the court hearing those proceedings must take all reasonable steps to determine whether the person requires a translation of all essential documents because the person does not understand English.

(2) Where the court determines that the person requires such a translation, it must ensure that arrangements are made (or, as the case may be, have been 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 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 proceedings.

(4) In this regulation, “essential document” means—

(a)any of the following in so far as they are required by any enactment to be provided to the person in writing—

(i)a document authorising the deprivation of the person’s liberty;

(ii)a document charging the person with having committed an offence;

(iii)a court judgment relating to the proceedings; and

(b)any other document which the court hearing the proceedings determines to be essential for the purpose of safeguarding their fairness.

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