Annex K: Documents and records to be translated
1. For the purposes of the relevant rights in 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 safeguard the fairness of the proceedings. Passages of essential documents which are not relevant need not be translated. See notes K1 and K4.
2. The documents considered essential for the purposes of this Code and for which (subject to paragraphs 3 to 7) written translations must be created are the records made in accordance with this Code of the grounds and reasons for any authorisation of a suspects detention under the provisions of the Terrorism Act 2000 or the Counter Terrorism Act 2008 (post- charge questioning) to which this Code applies as they are described and referred to in the suspect’s custody record. Translations should be created as soon as practicable after the authorisation has been recorded and provided as soon as practicable thereafter, whilst the person is detained or after they have been released (see Note K3). See paragraphs 13.12 to 13.14 and Annex L for application to live-link interpretation.
3. The custody officer may authorise an oral translation or oral summary of the documents 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 a vulnerable or is a juvenile. 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 K2 and K3.
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, and the appropriate adult also agrees.
(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 H paragraph 13.11(e)).
Note for Guidance
K1 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.
K2 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.
K3 There is no power under TACT to detain a person or to delay their release solely to create and provide a written translation of any essential document.
K4 Rights in relation to documents and records to be translated referred to in this Annex are provided for by relevant rights derived from retained EU Law. These provisions continue to exist in retained EU Law, and as of 29 June 2023 there is legislation before the UK Parliament to make provision for this retained EU Law to become assimilated law.