Factsheets on defendants' rights

1. CCBE project funded by the European Commission Factsheets on defendants' rights

2. Jonathan Goldsmith Secretary General, CCBE

3. Ivo Thiemrodt Legal Officer, European Commission

4. Lindsay Paterson Project Manager, CCBE

5. Summary of project • Produce a set of factsheets which will appear on the e-justice portal in all EU languages • Factsheets aimed at ordinary citizens who want to know more about their rights in criminal matters • Factsheets should also be of use to lawyers but they are not the main target audience • Factsheets must be easy to read and understand • Factsheets are not about describing the provisions of the law, but about describing rights and their context

6. Writing style • NOT writing for lawyers but for ordinary citizens • NOT writing a legal text book but a guide to rights • Think of the ordinary client and aim the information at them • Think about the questions people from other Member States would have • Use short sentences and paragraphs • Use 'you' • Do not go into detail – don't explain why, just explain rights • See 'List of Links' for good external examples • No latin, no difficult legal terminology

7. Examples of writing style • English translations must score 45 or more on the Flesh scale. The court duty solicitor scheme allows a person that has already been charged with an offence to consult with and be represented by a solicitor at the Magistrates' Court on their first appearance if they do not have, or simply have not contacted, their own solicitor. The right to see the duty solicitor applies equally to those defendants who are in custody or on bail, but the right is not unlimited – if the defendant is on bail and is charged with an offence that does not carry a sentence of imprisonment the duty solicitor is not permitted to act. Flesh score...20 =) not acceptable language. Too complex

8. Examples of writing style • If you don't have a solicitor or don't know how to contact one, you can be represented in court by the duty solicitor. You have a right to see the duty solicitor whether you are in custody or not. However you can only see the duty solicitor if you have been charged with an offence which is serious enough for you to be sent to prison if you are found guilty. • You can only ask for advice from the duty solicitor once for each crime that you have been charged with. • Flesh score = 60 =) OK • Difference – short sentences, simple language. Easy to read and understand.

9. Template – general points • Difficult to produce one document which covers all legal systems well • Template is a guide to style and content • Template sets out what rights MUST be covered • Where they are covered may vary between countries • Rely on you as experts to make it fit your jurisdiction • Keep to the factsheet structure and headings • Keep to the style • Instructions in blue are for you • Instructions in red are to site manager – repeat them in your version

10. Template – general points • Use Questions as headings • Answer questions in paragraph form • Use the bullets below as a guide to what to write • Do not write in bullet points unless you are writing a list • The bullet points in the template are questions to be answered not sub- headings

11. Example • Template says: • Where will the trial be held? • Which court will hear the case? • Will the trial be in public? • Who will decide the case...judge, jury etc. Write Where will the trial be held? Most criminal cases are heard in the Magistrates' Court. However if the case is serious, like a murder, serious assault, or rape, or a financial crime involving large sums of money, then it will be held in the High Court. The trial will be in public and will be decided by a judge.....etc.....

12. Word counts • Word counts are critical for presentation and translation • Each factsheet must be no longer than 4 pages with 1500 characters per page • Suggested lengths are given for each factsheet • Lengths are a guide – may vary from country to country • Do not write more than 7000 words altogether • Up to you to use the words available most effectively • See sample factsheets in English for presentation

13. Sub-pages and hyperlinks • You can create sub-pages where you want to provide more detail about something or to avoid duplication or repetition • Use this to avoid complicating the factsheets • Name sub-pages A, B, C etc and indicate where the hyperlink to them should go • Write link to sub-page A in red • Eg if you often refer to 'the duty solicitor' create a sub-page to explain what that is

14. Hyperlinks (continued) • If you talk about organisations such as the Legal Aid Board, the Police Complaints Authority etc. hyperlink to the web page of the organisation in the text • Add hyperlinks at the end of each factsheet to legislation in the original language and in translation if a translation exists • Do not link to individual sections/paragraphs – just to the law itself • Keep the name of the law as short as possible to save words • Links to the law will be useful to lawyers from other jurisdictions

15. Structure Opening page Factsheet 1 Introduction Factsheet 2 Legal Advice Factsheet 3 Investigation Factsheet 4 During the trial Factsheet 5 After the trial Factsheet 6 Minor offences sub-page? Duty solicitor sub-page? Legal aid rules sub-page? Legal aid rules sub-page? Duty solicitor sub-page? Legal aid rules sub-factsheet Questioning? sub-factsheet Arrest? sub-factsheet First court hearing? Subfactsheet Preparation for trial?

16. Opening page • Same look for all countries • No real content – just headings for navigation • List of titles linking to factsheets • Create your own list of sub-factsheets under factsheet 3 (max of 6) • Probably best to create this page last once you have decided what sub-factsheets are needed

17. Factsheet 1Introduction to the criminal process • Same introduction for all countries • Insert a bullet point summary of the basic stages of the criminal process. No detail • Same last two paragraphs for all countries • More information – give links to general overviews of the criminal law which could be useful to lawyers from other Member States

18. Factsheet2Getting legal advice • Same first paragraph for all countries • Purpose is to save repetition later • Use hyperlinks in the text e.g. contact the Bar Association(make all hyperlinks live) • What are the basic rules for entitlement to legal aid? • Add hyperlinks for detailed information • This section may be expanded in the future • For now, it's a general overview with links

19. Factsheet 3My rights during the investigation of a crime • Covers first involvement by the police until trial • Rely on you to divide up the information as appropriate • On factsheet 3, give brief overview of stages, then create sub-factsheets for each different stage • No more than 6 stages • List them so that hyperlinks can be created to the sub-factsheets • Cover all the rights listed in italics in the template • Up to you to decide where they should be covered • See sample factsheets for guidance

20. Factsheet 4 and 5Rights during the trial and after the trial • Cover rights during and after the trial • Focus on rights, not procedure • Remember to discuss the rights of a citizen of another Member State • In particular • need to be present, possibility of giving evidence by video etc • Possibility of being sent back to the home Member State

21. Factsheet 6Road traffic and other minor offences • Covers minor offences which don't always have to go to court • Particularly road traffic offences • For you to determine what kind of offences should be covered • Then to describe the rights of the accused • Important here to provide links to the administrative bodies which deal with the offences • Not much space. Up to you to prioritise

22. Summary • Focus on rights • Write for the ordinary citizen • Not about what you know but about what they need to know • Not a legal text book • Produce 6 factsheets using the headings given • Produce up to 6 sub factsheets for factsheet 3

23. Summary (continued) • Produce sub-pages for information which is repeated • Tell us where the links need to go • Make external links live...ie insert a hyperlink to the web page in question • Respect the word and character counts • Factsheets which do not respect word and character counts cannot be published

24. Liese Katschinka President of European Legal Interpreters and Translators Association - EULITA  

25. Translation Process6-eye principle Guidance for Experts, Template Step 1: English was translated into XY language by a translator with XY as a mother tongue.

26. Step 2: The translation was checked by a second translator/editor/revisor with XY or English as a mother tongue (completeness, terminology, style – 4-eye principle of CEN standard on translation services)).

27. Step 3: • The CCBE national expert was/is asked to double-check the translated text to ensure its compliance with the national situation. • (Several translators contacted the national expert already during Step 1 or Step 2 and found the consultations on terminology very helpful.) 

28. Result: Word count of English original and translations into XY languages showed minor to major differences  need to be taken into account when writing the factsheets in the XY languages.

29. Word countGuidance for Experts, Template • Guidance for experts

30. Template

31. Translation Process6-eye principle • Factsheets • Step 1: • Translator with XY language as mother tongue will translate the factsheets into English.

32. Step 2: • The translation will be checked by a second translator/editor/revisor with English as a mother tongue (completeness, terminology, style, English language – 4-eye principle of CEN standard on translation services).

33. Step 3: • The CCBE national expert will be asked to double-check the translated text to ensure its compliance with the national situation. No need to check the English (unless major errors). • (Several translators may find it useful to contact the national expert already during Step 1 or Step 2; the consultations on terminology may be very helpful for the translation process.)

34. Attention: The word count of the English translations must also amount to a maximum total of 7000 words and the style must correlate with a Flesh Kincaid score above 45.

35. ATTENTION: AN INTERPRETER INTERPRETS (services provided in spoken form) A TRANSLATOR TRANSLATES (services provided in written form) An interpreter may be called upon to provide an ORAL TRANSLATION = sight translation.

36. Verification • When completed, factsheets must be sent to Bars/Law Societies for verification • We rely on Bars/Law Societies to ensure that the guidance and template are observed • Bars/Law Societies send to Ministries for approval. We will contact Bars separately about this. • Translation into English • Verification by project team against template and Flesh score • Must follow the template and word count rules or can't be accepted

37. Timetable • Complete factsheets by 19 April. Send to Bars/ Law Societies • Bars approve by 3 May • Bars send to Ministries • Ministries approve/ comment by 17 May • Comments if any incorporated by 31 May. Bars send to CCBE • CCBE sends to translators • Translations completed by 12 July • Factsheets in English checked by project team • Final report submitted to Commission 16 August

38. Updates • Factsheets must be updated annually • Updating work likely to begin in May/June of each year for three years • Completed by September • Updates are for changes in law only • Amend on an ongoing basis throughout the year • Track changes • If no changes in law, the update budget may be used for improvements to factsheets

39. Peter Mc Namee Senior Legal Advisor, CCBE