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Welcome to this Resource Package for the NETRPALAT Training Programme. The materials provided herein have been developed under NETPRALAT: NETworking to strengthen pre-trial procedural rights by PRActice-oriented cross-border LAwyers’ Training - a project co-funded by the European Commission which brought together experts from CICAC (Catalan Bar Council, Spain), Centre for Human Rights Defence (Iridia, Spain), Polish Bar Council (Poland), Human Rights Monitoring Institute (Lithuania), EULITA (European Legal Interpreters and Translators Association) and the University of Maastricht (UM, Netherlands).
This Resource Package provides you with the training materials which were developed within the NETPRALAT project, including all e-learning modules and all face-to-face training materials (powerpoint presentation, role play scenarios, video exercises, observation forms etc).
Navigation
We have endeavoured to make this Resource Package as user-friendly as possible, by dividing the materials into three sections so as to outline the step-by-step nature of the training programme. The Table of Contents for this Resource Package is provided below.
1. E-Learning
1.1 Course Guide for Participants ( Sample Couse Guide)
1.2 E-Learning Modules (you will find all the modules and the Reflective Questions at the end of the explanation)
1. Module One – EU Regulations on Suspects’ Rights
2. Module Two – Lawyers’ Role at Police Detention Stage
3. Module Three – Lawyer-Client Consultation
4. Module Four – Communication Skills
5. Module Five – Suspect Interview
6. Module Six – Psycho-Social Needs of Detained Suspects
7. Module Seven – Working with Interpreters
1.3 Reflective Questions
2. Face-to-Face Sessions
2.1. Agenda
2.2. Videos
2.3. Handouts ( ObservationForms, PracticalExercicesPsychosocialApproach, ScenariosRolePlays, EvaluationForm )
How to use the training package
The NETPRALAT training package was developed with the view to be distributed widely to lawyers’ training organisations and individual lawyer-trainers accross Europe, and to promote its replication in other countries not covered by the NETPRALAT pilot.
To facilitate its replication and adaptation, the training programme presented here has a modular structure. Thus, the future users or trainers may “mix and match” the different elements of the programme to suit their own needs, or integrate some elements of the proposed training programme in their existing training courses.
E-Learning Modules
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This interactive module allows you to test your knowledge of the respective European regulations (EU Directives on suspects' procedural rights and the ECtHR case law), and of their application at the investigative stage of the proceedings.
You will go through an imaginary case scenario from the moment of suspect's arrest until the first interrogation. You will be asked several questions about the scenario. Please note that the module is not based on any national law, but aims to help you apply European law in abstracto.
The module also contains reflective questions, which would help you to critically apply the knowledge covered in the module and prepare for the practical sessions.
Note: The module consists of an interactive Powerpoint presentation. To view it, click on the respective icon, and the PPT file will automatically download to your device. The PDF file contains identical content, but has no interactive features. We suggest that you use the PDF file only if you have difficulties with viewing the PPT file.
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This module is about the role of a lawyer at the investigative stage of the proceedings. This topic will also be discussed in detail during the practical sessions.
This module includes a webinar by professor Ed Cape about the role of a lawyer at the investigative stage of the proceedings in England and Wales.
The webinar provides an insight into the difficulties, which were experienced by lawyers in England and Wales when they have just started providing assistance at the investigative stage of the proceedings (especially during suspect interrogations). It also describes how the development of 'active defence' helped lawyers to be more effective in their role at this stage. Clearly, the mere presence of a lawyer is not sufficient for an effective criminal defence. Furthermore, there is a danger that the presence of a lawyer without active participation would legitimise the use of interrogative pressure and other possible violations of suspects' rights. There is therefore a clear need for professional education in this area, both with regard to the theory and the relevant skills. The webinar further describes how English lawyers understand and effectuate their role at the investigative stage.
Although the webinar describes the developments in a different jurisdiction (possibly unfamiliar to you), we suggest that you use it a source of comparison or reflection with regard to your own (national) practice.
We recommend that you read the reflective questions to this module before watching the webinar.
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This short module is about the lawyer-client consultation at the investigative stage of the proceedings. It includes two checklists 'Consultation topic checklist' and 'Disclosure checklist', which lawyers can use as practical tools when assisting clients at the investigative stage (when adopted to their national law and practice).
The module also includes a video of a lawyer-client consultation, which will be used in a practical exercise during the face-to-face sessions. We suggest that you watch the video to familiarise yourself with the content.
Finally, it contains the reflective questions to facilitate your preparation for the practical sessions.
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This module is about the interrogation of a suspect at the investigative stage (by police or other relevant authorities). It covers the legal and psychological elements of interrogations and the respective lawyer's role.
This module contains information about the different models of suspect interrogation, pressure and tactics used during interrogation and your role as a lawyer in dealing with interrogative pressure and tactics.
The module aims to enrich your knowledge and skills to:
o identify when an interrogation becomes problematic;
o understand and explain why it is problematic.
The knowledge covered in this module will be applied during the practical sessions.
This module also contains a webinar by dr. Andy Griffiths (United Kingdom) about 'ethical' and 'unethical' interviews of suspects, and the role of the lawyer in suspect interviews from the police perspective.
The video 'suspect interview' will be used in a practical exercise during the face-to-face sessions. We recommend that you watch it to familiarise yourself with the content.
Finally, the module contains reflective questions to help you prepare to the practice sessions.
Note: The module contains an interactive Powerpoint presentation. To view it, click on the respective icon, and the PPT file will automatically download to your device. The PDF file contains identical content, but has no interactive features. We suggest that you use the PDF file only if you have difficulties with viewing the PPT file.
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This module contains an overview of the communication skills, which are relevant when communicating with clients or the authorities at teh investigative stage.
These are in particular the following skills:
o building rapport;
o effective listening and effective questioning;
o effective transmission of information.
This module defines and describes the relevant skills. These skills will be trained during the practical sessions.
The module contains reflective questions to help you prepare to the practice sessions.
Note: The module consists of an interactive Powerpoint presentation. To view it, click on the respective icon, and the PPT file will automatically download to your device. The PDF file contains identical content, but has no interactive features. We suggest that you use the PDF file only if you have difficulties with viewing the PPT file. -
This module is about psychosocial perspective during lawyer-client consultation and detention at the investigative stage of proceedings. It contains information about different tools available for lawyers to assess and identify detainee’s needs and personal situation, and how this can affect their memory or credibility.
It also includes information about detecting possible abuse or ill-treatment during detention and how the moment of our legal assistance during detention is essential for its identification and prevention.
Finally, the module will help understand our role with vulnerable suspects, including legal and psychological definitions of ‘vulnerability’, learning how to use the ‘exploratory guide’ of vulnerabilities in the criminal process and determining which action to take when a possible ‘vulnerability’ is detected.
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This module focusses on the interpreter’s mediated communication. We want to raise awareness about problems linked to representing a client who does not master the language of the proceedings; be it a Foreigner or a deaf individual. Interpersonal interactions with your client, with police, or with Justice representatives and others will utterly depend on the quality and professionalism of the interpreter. This module gives insights for a better understanding of the interpreter’s profession and role according to the EU Directives on suspects’ procedural rights and the respective ECtHR case law.
As a practising lawyer, you may then better assess irregularities in interpreters mediated interviews and devise appropriate strategies to have an influence on the interpreter’s selection, his/her professional behaviour.