Rule 34A.3 Right to translation of Part 1 warrantF1
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.
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.
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.
A person entitled under this rule to be provided with a translation of a Part 1 warrant may waive that right.
A waiver under paragraph (4) must be—
voluntary and unequivocal; and
informed by legal advice, unless the person otherwise fully understands the consequences of waiving the right.
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)