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Rule 34A.3 Right to translation of Part 1 warrantF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The court must take all reasonable steps to determine whether the person who is subject to the Part 1 proceedings understands the language in which the Part 1 warrant is drawn up or into which it has been translated.

(2)

Where the court determines that the person does not understand the language in which the Part 1 warrant is drawn up or into which it has been translated, it must ensure that arrangements have been or are made to provide the person with a written translation of that document.

(3)

Despite paragraph (2), the person may be provided with an oral translation or oral summary of the Part 1 warrant, instead of a written translation, unless this would prejudice the fairness of proceedings.

(4)

A person entitled under this rule to be provided with a translation of a Part 1 warrant may waive that right.

(5)

A waiver under paragraph (4) must be—

(a)

voluntary and unequivocal; and

(b)

informed by legal advice, unless the person otherwise fully understands the consequences of waiving the right.

(6)

The court must ensure that any translation provided under this paragraph is of a quality sufficient to safeguard the fairness of proceedings.

Annotations

Textual amendments

F1

Sch. 2 Ch. 34A inserted (10.10.2014) by Act of Adjournal (Amendment of the Criminal Procedure (Scotland) Act 1995 and Criminal Procedure Rules 1996) (Miscellaneous) 2014 (S.S.I. 2014/242), paras. 1(2), 3(2)

Notes on Chapter 34A

Textual amendments

F2

Words in Sch. 2 Ch. 34A heading substituted (30.6.2023) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (European Union (Future Relationship) Act 2020) 2023 (S.S.I. 2023/169), paras. 1(2), 2(2)(a) (with para. 3)