Annex M: Documents and records to be translated
1. For the purposes of Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 and this Code, essential documents comprise records required to be made in accordance with this Code which are relevant to decisions to deprive a person of their liberty, to any charge and to any record considered necessary to enable a detainee to defend themselves in criminal proceedings and to safeguard the fairness of the proceedings. Passages of essential documents which are not relevant need not be translated. See Note M1
2. The table below lists the documents considered essential for the purposes of this Code and when (subject to paragraphs 3 to 7) written translations must be created and provided. See paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation.
Table of essential documents:
Essential documents for the purposes of this code
(i) The grounds for each of the following authorisations to keep the person in custody as they are described and referred to in the custody record:
(a) Authorisation for detention before and after charge given by the custody officer and by the review officer, see Code C paragraphs 3.4 and 15.16(a).
(b) Authorisation to extend detention without charge beyond 24 hours given by a superintendent, see Code C paragraph 15.16(b).
(c) A warrant of further detention issued by a magistrates’ court and any extension(s) of the warrant, see Code C paragraph 15.16(c).
(d) An authority to detain in accordance with the directions in a warrant of arrest issued in connection with criminal proceedings including the court issuing the warrant.
When translation to be created
As soon as practicable after each authorisation has been recorded in the custody record.
When translation to be provided
As soon as practicable after the translation has been created, whilst the person is detained or after they have been released (see Note M3).
Essential documents for the purposes of this code
(ii) Written notice showing particulars of the offence charged required by Code C paragraph 16.3 or the offence for which the suspect has been told they may be prosecuted.
When translation to be created
As soon as practicable after the person has been charged or reported.
When translation to be provided
As soon as practicable after the person has been charged or reported.
Essential documents for the purposes of this code
(iii) Written interview records:
Code C11.11, 13.3, 13.4 & Code E4.7
Written statement under caution: Code C Annex D.
When translation to be created
To be created contemporaneously by the interpreter for the person to check and sign.
When translation to be provided
As soon as practicable after the person has been charged or told they may be prosecuted.
3. The custody officer may authorise an oral translation or oral summary of documents (i) to (ii) in the table (but not (iii)) to be provided (through an interpreter) instead of a written translation. Such an oral translation or summary may only be provided if it would not prejudice the fairness of the proceedings by in any way adversely affecting or otherwise undermining or limiting the ability of the suspect in question to understand their position and to communicate effectively with police officers, interviewers, solicitors and appropriate adults with regard to their detention and the investigation of the offence in question and to defend themselves in the event of criminal proceedings. The quantity and complexity of the information in the document should always be considered and specific additional consideration given if the suspect is vulnerable or is a juvenile (see Code C paragraph 1.5). The reason for the decision must be recorded (see paragraph 13.11(e))
4. Subject to paragraphs 5 to 7 below, a suspect may waive their right to a written translation of the essential documents described in the table but only if they do so voluntarily after receiving legal advice or having full knowledge of the consequences and give their unconditional and fully informed consent in writing (see paragraph 9).
5. The suspect may be asked if they wish to waive their right to a written translation and before giving their consent, they must be reminded of their right to legal advice and asked whether they wish to speak to a solicitor.
6. No police officer or police staff should do or say anything with the intention of persuading a suspect who is entitled to a written translation of an essential document to waive that right. See Notes M2 and M3.
7. For the purpose of the waiver:
(a) the consent of a vulnerable person is only valid if the information about the circumstances under which they can waive the right and the reminder about their right to legal advice mentioned in paragraphs 3 to 5 and their consent is given in the presence of the appropriate adult.
(b) the consent of a juvenile is only valid if their parent’s or guardian’s consent is also obtained unless the juvenile is under 14, when their parent’s or guardian’s consent is sufficient in its own right and the information and reminder mentioned in sub-paragraph
(a) above and their consent is also given in the presence of the appropriate adult (who may or may not be a parent or guardian).
8. The detainee, their solicitor or appropriate adult may make representations to the custody officer that a document which is not included in the table is essential and that a translation should be provided. The request may be refused if the officer is satisfied that the translation requested is not essential for the purposes described in paragraph 1 above.
9. If the custody officer has any doubts about
providing an oral translation or summary of an essential document instead of a written translation (see paragraph 3);
whether the suspect fully understands the consequences of waiving their right to a written translation of an essential document (see paragraph 4), or
about refusing to provide a translation of a requested document (see paragraph 7), the officer should seek advice from an inspector or above.
Documentation
10. Action taken in accordance with this Annex shall be recorded in the detainee’s custody record or interview record as appropriate (see Code C paragraph 13.11(e)).
Notes for Guidance
M1 It is not necessary to disclose information in any translation which is capable of undermining or otherwise adversely affecting any investigative processes, for example, by enabling the suspect to fabricate an innocent explanation or to conceal lies from the interviewer.
M2 No police officer or police staff shall indicate to any suspect, except to answer a direct question, whether the period for which they are liable to be detained or if not detained, the time taken to complete the interview, might be reduced:
if they do not ask for legal advice before deciding whether they wish to waive their right to a written translation of an essential document; or
if they decide to waive their right to a written translation of an essential document.
M3 There is no power under PACE to detain a person or to delay their release solely to create and provide a written translation of any essential document.