It is important to assess the accused person’s literacy as soon as possible, and especially at the beginning of an interview. If you believe the person has low literacy, take practical steps, and make reasonable efforts so the person understands the information you give and the questions you ask.

At the same time, you are not expected to be clairvoyant or to go beyond reasonable efforts.

Examples from Canadian cases

In several Canadian cases, judges have ruled that the police should have done more to make sure that a person with low literacy skills truly understood their situation and their rights. Here are some examples:

It was clear to the officer that English was not the accused’s first language, and the accused said he did not understand the demand for a breath sample.

What police officers need to know