Change of language before the police court: your case in your own language

If you have been summoned in a language you do not master well, you can ask for a change of language before the police court (politierechtbank / tribunal de police). A French-speaking driver caught by a speed camera in Halle, Vilvoorde or Leuven and prosecuted for it will, after all, receive a summons in Dutch. A Dutch speaker who stands trial in Walloon Brabant or in Liège receives it in French.

Summoned to the police court? See how we can defend you: lawyer at the Brussels police court.

The language of the proceedings depends on where the court sits, not on the language of the defendant. The law does, however, allow you to ask for your case to be heard in your own language. Below you will find how this works, when the judge can refuse and when it is a sensible choice.

The rule: the language of the court

The Act of 15 June 1935 on the use of languages in judicial matters provides that criminal proceedings are conducted in the language of the region where the court sits. For the police courts of Halle, Vilvoorde, Leuven and Aalst, that is Dutch; in Wallonia, it is French. The Brussels-Capital Region has both a Dutch-speaking and a French-speaking police court.

In principle, that language applies to the summons, the hearing and the judgment. For how a case before the police court unfolds, see our guide to the police court. Have you just received a summons? Then also read what to do after a summons to the police court.

Your right to a change of language before the police court

Article 23 of that Act provides that a defendant who only knows the other national language, or who finds it easier to express themselves in it, may ask for the proceedings to be conducted in that language. The court then refers the case to the nearest court of the same level that uses the requested language. For the police court of Halle, for example, that is the French-speaking police court of Brussels.

A few points that matter in practice:

• You do not need to be entirely unfamiliar with the language of the court. It is enough that you express yourself more easily in the other language.
• The request is straightforward. It can be made orally or in writing, as a rule at the first hearing. Discuss with your lawyer how best to support it in your case.
• The request belongs at first instance. On appeal, the case is as a rule dealt with in the language of the judgment under appeal. So do not wait until after the judgment. Read more about opposition and appeal against a police court judgment.
• The request is personal. What counts is your own knowledge of the language, not your lawyer’s.

Can the judge refuse the change of language?

Yes. The court may reject the request where the circumstances of the case stand in the way of a referral. This may be the case, for example, where there are several defendants who do not all speak the same language, or where the witnesses and victims live in the court’s area.

The refusal must be based on concrete circumstances of the case, not on general considerations. In practice, not all courts deal with this in the same way, and local experience plays a role.

What if the change of language is refused?

You still keep your rights. You can express yourself in your own language, with the help of an interpreter if you do not understand the language of the proceedings. You can also ask for a translation of the documents that are essential to your defence. Your lawyer pleads in the language of the court but explains everything to you in your language.

Change of language before the Brussels police courts

In Brussels, a Dutch-speaking and a French-speaking police court exist side by side. Which of the two hears your case follows from the language legislation; as a rule, it is the court of the language of the language area where you live (Dutch or French), and if you live in a Brussels municipality, what counts is the language in which you made your statements during the judicial investigation or, failing that, the preliminary investigation (Article 16 § 1 of the language legislation). There too, you can ask, under the conditions of the language legislation, for your case to be heard by the court of the other language (Article 16 § 2 of the language legislation). Read more about the Brussels police courts.

A practical example

A French-speaking driver from Brussels is caught by a speed camera on the Ring near Halle and summoned before the police court of Halle. At the first hearing, assisted by his lawyer, he asks for the case to be heard in French, because he expresses himself more easily in that language. The court finds that there are no other defendants or witnesses and refers the case to the French-speaking police court of Brussels. The driver is summoned there again and defends himself a few months later in his own language.

Is a change of language always a good idea?

Not necessarily. A change of language causes delay: the case has to be dealt with again by another court. That has advantages and disadvantages:

• Advantage: you understand everything that is said, you can address the judge directly and you know what you are agreeing to. This matters, for example, for a community service penalty, a suspension of the pronouncement of sentence or the conditions of a suspended sentence. See also the more lenient penalties before the police court.
• Advantage: sentencing practice differs from court to court. The referral may bring you before a court with a different practice. Your lawyer can assess whether that is favourable in your case.
• Disadvantage: the proceedings take longer. If an immediate withdrawal of your driving licence is ongoing or you want clarity quickly, that matters.
• Mind the limitation period. A change of language is not a way to let a case become time-barred. From the request for referral, the limitation period for the prosecution is suspended until the first hearing at which the case is resumed on the merits, for a maximum of one year (Article 23 of the language legislation). Have the time limits in your case checked.

In short: a change of language makes sense when you do not have a sufficient command of the language of the court and speed is not your first concern. If in doubt, have it reviewed before the first hearing.

Frequently asked questions

Do I have to attend the hearing myself to request the change of language?

The request is linked to your own knowledge of the language. Discuss with your lawyer how best to submit it in your case and whether your presence is required. Also read about appearing in person before the police court.

Can I request a change of language for an on-the-spot fine or a settlement offer?

No. The change of language only applies before the court, in other words once you have been summoned. If you do not fully understand a letter from the police or the public prosecutor’s office, have it explained to you in good time, before the payment deadline expires. Also read settlement in traffic cases: pay or contest?

Does this also apply to German speakers?

In principle, yes. The language legislation also takes into account persons who only know German or who express themselves more easily in it (Article 23). Discuss with your lawyer which court then has jurisdiction.

And if I do not speak any of the national languages?

Then a change of language is not possible, but you are entitled to an interpreter at the hearing. Also ask in good time for a translation of the documents that are essential to your defence.

Novex Advocaten is here to help

We plead in Dutch and in French before the police courts of Brussels, Halle, Vilvoorde, Leuven and Aalst. We discuss with you whether a change of language adds value in your case, and we explain everything in the language you prefer: Dutch, French, English or Arabic.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.