DOC/OS(XXX)247 Page 14 3) Right to adequate time and facilities for the preparation of a defence: a) The accused has the right to communicate with counsel and have adequate time and facilities for the preparation of his or her defence. b) The accused may not be tried without his or her counsel being notified of the trial date and of the charges in time to allow adequate preparation of a defence. c) The accused has a right to adequate time for the preparation of a defence appropriate to the nature of the proceedings and the factual circumstances of the case. Factors which may affect the adequacy of time for preparation of a defence include the complexity of the case, the defendant's access to evidence, the length of time provided by rules of procedure prior to particular proceedings, and prejudice to the defence. d) The accused has a right to facilities which assist or may assist the accused in the preparation of his or her defence, including the right to communicate with defence counsel and the right to materials necessary to the preparation of a defence. e) All arrested, detained or imprisoned persons shall be provided with adequate opportunities, time and facilities to be visited by and to communicate with a lawyer, without delay, interception or censorship and in full confidentiality. (i) The right to confer privately with one's lawyer and exchange confidential information or instructions is a fundamental part of the preparation of a defence. Adequate facilities shall be provided that preserve the confidentiality of communications with counsel. (ii) States shall recognize and respect that all communications and consultations between lawyers and their clients within their professional relationship are confidential. (iii) The accused or the accused's defence counsel has a right to all relevant information held by the prosecution that could help the accused exonerate him or herself. (iv) It is the duty of the competent authorities to ensure lawyers access to appropriate information, files and documents in their possession or control in sufficient time to enable lawyers to provide effective legal assistance to their clients. Such access should be provided at the earliest appropriate time. (v) The accused has a right to consult legal materials reasonably necessary for the preparation of his or her defence. (vi) Before judgement or sentence is rendered, the accused and his or her defence counsel shall have the right to know and challenge all the evidence which may be used to support the decision. All evidence submitted must be considered by the judicial body. (vii) Following a trial and before any appellate proceeding, the accused or the defence counsel has a right of access to (or to consult) the evidence which the judicial body considered in making a decision and the judicial body’s reasoning in arriving at the judgement. 4) The right to an interpreter: a) The accused has the right to the free assistance of an interpreter if he or she cannot understand or speak the language used before the judicial body. b) The right to an interpreter does not extend to the right to express oneself in the language of one's choice if the accused or the defence witness is sufficiently proficient in the language of the judicial body. c) The right to an interpreter applies at all stages of the proceedings, including pre-trial proceedings. d) The right to an interpreter applies to written as well as oral proceedings. The right extends to translation or interpretation of all documents or statements necessary for the defendant to understand the proceedings or assist in the preparation of a defence.