5.4.1 Who is entitled to a court interpreter?
Under the legal system of England and Wales, everyone should have equal access to justice. (This is, of course, also true of Scotland and Northern Ireland, but since they have distinct legal systems, the following examples refer only to England and Wales.) Access to an interpreting service is therefore necessary to ensure fairness and equality where a defendant, litigant or witness cannot speak or understand English or is subject to another linguistic challenge such as deafness or hearing impairment. But who should be responsible for providing this service and who should pay for it?
Activity 40
a.
Only a professional interpreter should be used.
b.
Non-registered interpreters should be approved by the judge.
c.
A D/deaf person should be free to choose any interpreter they like
The correct answer is b.
Discussion
If a person who is D/deaf or has a hearing impairment wishes an unqualified friend or relative to interpret for them, they must first ask permission from the judge. If the judge is not satisfied that the person has the necessary competence, then the court will arrange and pay for an interpreter.
a.
The defendant should find a friend or relative who can act as an interpreter.
b.
The court should provide an interpreter, but the defendant should pay for the service if they can afford it.
c.
The court should provide an interpreter free of charge, regardless of the defendant’s financial situation.
The correct answer is c.
Discussion
The court will ensure that anyone attending a committal case (i.e. where the defendant has been charged with a serious offence) has the free assistance of an interpreter if they cannot understand or speak English.
a.
The defendant should find a friend or relative who can act as an interpreter.
b.
The court should provide an interpreter, but the defendant should pay for the service if they can afford it.
c.
The court should provide an interpreter free of charge, regardless of the defendant’s financial situation.
The correct answer is b.
Discussion
The court will only provide an interpreter for non-committal (i.e. less serious cases) if the defendant cannot afford to privately pay for an interpreter and has no family member or friend who can interpret for them.
a.
Bilingual Welsh speakers should either speak in English or pay an interpreter themselves.
b.
The court should provide an interpreter free of charge so long as the trial is held in Wales.
c.
The court should provide an interpreter free of charge anywhere in the UK.
The correct answer is b.
Discussion
Any party has the right to speak Welsh in legal proceedings in Wales, so the court will arrange and pay for an interpreter for non-Welsh speakers if the case is being heard in Wales. This does not apply to other areas of the UK.
Discussion
The answers here detail the situation under the legal system of England and Wales in 2014. Whether you agree that this is fair and appropriate will obviously depend on your personal point of view. You may feel that in scenario 1 the judge might not be qualified to make this decision about linguistic competence, and that in scenario 3 the principle of equality before the law is compromised because access to a qualified interpreter depends on the defendant’s family situation.