EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations implement, in part, Directive 2010/64/EU of the European Parliament and of the Council on the right to interpretation and translation in criminal proceedings (OJ L 280, 26.10.2010, p.1) (“the Directive”). They do not implement Articles 2(7) and 3(6) of the Directive, which relate to a reserved matter (extradition) under Section B11 of Part II of Schedule 5 to the Scotland Act 1998 (c.46). The Regulations extend to Scotland only.
The Regulations—
a
require interpretation assistance to be provided to a person who does not speak or understand English or has a hearing or speech impediment, when the person is in police custody, attending voluntarily at a police station or other premises or place for police questioning, or is the subject of criminal proceedings before a court (regulations 3 and 8);
b
provide that interpretation assistance (where required) is to be provided for the purpose of safeguarding the fairness of the police proceedings or criminal proceedings in accordance with the Directive (including ensuring that, where necessary, it is available for communication between the person and his or her legal representative in direct connection with any questioning or hearing during the proceedings or with the lodging of an appeal or other procedural application) (regulations 3(3)(b) and 8(2)(b));
c
require a written translation of all essential documents to be provided to a person who does not understand English, when the person is in police custody or is the subject of criminal proceedings before a court (regulations 4 and 9);
d
allow for a person to be provided with a written translation only of the relevant part(s) of an essential document, or with an oral translation or oral summary of an essential document instead of a written translation, where this is sufficient to safeguard the fairness of the police proceedings or criminal proceedings in accordance with the Directive (regulations 4(3) and 9(3));
e
give the court a power, in criminal proceedings, to determine any document (other than those specified as essential documents) to be essential (regulations 9(4)(b) and 10);
f
provide for the review of a constable’s, or (as the case may be) a court’s, determination that a person does not require any interpretation assistance or a translation of all essential documents (regulations 5, 11 and 13);
g
enable a person to complain to an appropriate constable, or (as the case may be) apply to the court to give a direction, if interpretation assistance or a translation of all essential documents is not provided as required, or the interpretation assistance or translation provided is of insufficient quality to safeguard the fairness of the police proceedings or criminal proceedings (regulations 6, 12 and 13);
h
require the police and the clerk of court to record certain information relating to the provision of interpretation assistance and translation of essential documents under Parts 2 and 3 respectively (regulations 7 and 14);
i
enable a person to waive the right to be provided with a translation of all essential documents (regulation 15); and
j
require any interpretation assistance or any written translation, oral translation or oral summary of an essential document provided to a person under the Regulations to be provided free of charge (regulation 16).
A Business and Regulatory Impact Assessment and Transposition Note have been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Criminal Justice Division, Justice Directorate, Scottish Government, St Andrew’s House, Regent Road, Edinburgh, EH1 3DG and online at www.legislation.gov.uk.