Criminal Code (Cap. 9), article 534AD

534AD. (1) Where the suspect or the accused does not understand the language of the cr iminal proceedings concerned, he shall, within a reasonable peri od of time, be provided with a w ritten translation of all documents whi ch are essential to ensure that he is able to exercise their right of defence and to safeguard the fa irness of the proceedings. (2) The decision determining what constitutes an essential document shall be taken by the Ex ecutive Police or by the Court , as the case may be, and th e suspect or the accu sed or his legal co unsel may submit a reasoned r equest to that effect: Provided that essential documents shall include any decision depriving a person of his liberty, any charge or indic tment, and any judgment: P r o v i d e d f u r t h e r t h a t i t s h a l l not be required to translate passages of essential documents which are not relevant for the purposes of enabling the suspect or the accused to have knowled ge of the case against him. (3) Nothing in this article shall be construed as precluding the suspect or the accused to demand that any decision finding, at any stage of the criminal proceedings, that there is no need for th e translation of documents or passages thereof be reviewed and, 330 CAP . 9.] CRIMINAL CODE when a translation has been provided, the possibility to compla in that the quality of the translation is not sufficient to safegu ard the fairness of the proceedings. (4) Notwithstanding the preceding provisions of this article, an oral translation or oral summary of essential documents may be provided instead of a written translation on condition that suc h oral translation or oral summary does not prejudice the fairness of the proceedings. (5) Where the suspect or the accused waives the right to translation of documents referred to in this article such waive r shall be recorded in writing and only after the Executive Police or t he Court, as the case may be, is satisfied that the suspect or acc used has received prior legal advice or has otherwise obtained full knowledge of the consequences of such a waiver, and that the waiver was unequivocal and given voluntarily. (6) Translation provided under thi s article shall be of a qualit y sufficient to safeguard the fairness of the proceedings, in par ticular by ensuring that suspected or accused persons have knowledge of the case against them and are able to exercise their right of d efence. Costs and quality of interpretation and translation. Added by: IV .2014.25.