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Interpreters

This guidance was last updated on 14^th December 2007.

Principle
- The TIG Agreement
- Sources of Interpreters
Guidance
Further Information
Annex A Trials Issues Group - Revised Agreement On The Arrangements For The Attendance Of Interpreters In Investigations And Proceedings Within The Criminal Justice System
List of contacts for Agencies issuing Guidance on the use of Interpreters

Principle

The TIG Agreement

The current arrangements for interpreters in criminal investigations and proceedings flow from a revised agreed protocol between CPS and other agencies in the criminal justice system - The Trials Issues Group Agreement: Arrangements For The Attendance Of Interpreters In Investigations And Proceedings Within The Criminal Justice System. This was issued under cover of Casework Bulletin No 10 of 2002 on 8 April 2002 <Annex A for the Agreement> The Agreement reflects the introduction of the Human Rights Act 1998 and emphasises the requirement to check the competency of an interpreter. In all cases, Article 6 of the European Convention on Human Rights requires that an interpreter in criminal proceedings be fully competent for the task assigned.

<ECHR Guidance Manual, chapter 16 refers>

Sources of Interpreters

Every interpreter working in the courts and police stations should be selected from the National Register of Public Service Interpreters (NRPSI) - or in a case involving a Deaf person, from the Council for the Advancement of Communication with Deaf People (CACDP) National Directory of Sign Language Interpreters. Selection from the NRPSI or Directory is strongly recommended as they offer a minimum and measurable standard of training and quality assurance and their members are subject to a Code of Conduct, standards of competence and professional skills, and disciplinary proceedings. These can be accessed from the CPS Intranet.

Guidance

Interpreter at the Police Station

The police will arrange for an interpreter when interviewing suspects or witnesses in the course of their investigation who have difficulty in speaking and understanding English. The Codes of Practice issued under the Police and Criminal Evidence Act 1984 (PACE) give guidance to the police. (Archbold 4-35) and in particular Code C 13 (Archbold 15-307 15-310). However, it should be noted that the Codes are currently under revision.

Any witness statement taken from a person who has difficulty in speaking or understanding English should be recorded in the foreign language and signed by the witness. It should include the declaration prescribed in Section 9(2)(b) Criminal Justice Act 1967 or Section 102(2)(b) Magistrates' Court Act 1980. Witness statements for the purpose of Section 5A(3)(a) and 5B of the Magistrates' Court Act 1980, must be the statement of the witness and not a translation of what was said by the interpreter (See R v Raynor (Times Law Reports 19.09.2000)

Where an interpreter is required to assist at the interview between the police and a witness to record the witness' statement, a Superintendent may authorise an extension to the period of detention to enable the transcript to be prepared before charging See R (on the application of Wiles) v Chief Constable of the Hertfordshire Constabulary (2002 All ER (D) 263 Feb)

When a suspect has made a statement under caution in a foreign language, the interpreter should make a statement exhibiting both the statement and its translation.

The Police and Criminal Evidence Act 1984 provides guidance about the Codes of Practice. Code C is the Code of Practice for the Detention, Treatment and Questioning of Persons By Police Officers. It contains guidance in the use of Interpreters at the police station. If the defence require a separate interpreter for consultation with their client at the police station, it is the responsibility of the defence solicitor to arrange for the interpreter to attend. (Archbold 15-265 - 15-335)

<Refer to Confessions, Unfairly obtained Evidence and Breaches of PACE Codes, elsewhere in this guidance> See also R-v- Govenor of Brixton Prison and Another Ex Parte Saifi (Times Law Reports 24.01.01)

For the rights of the accused under the European Convention on Human Rights see Article 6(3)(a) and (e) (Archbold 16-57 and 16-94)

Committal Papers containing foreign language statement(s)

When preparing committal papers, the foreign language statement should be placed in the bundle of witness statements either immediately before or after the translation.

Interpreter as a Witness in Court

If a suspect has been interviewed through an interpreter and there is an issue about what was said, evidence will have to be given by the interpreter. Evidence from a police officer about what the accused has said in interview, as related to the police officer by the interpreter, is hearsay. The only valid witness as to what the defendant said is the interpreter. (Archbold 4-36). It is therefore important that the interpreter is a person who is suitably qualified and impartial.

If an interpreter is required to give evidence, he or she should be given an opportunity to confirm the accuracy of any record of an interview at which the interpreter was present. This may include being given the opportunity to listen to the taped interview, or in the case of a deaf person, view the video taped interview.

The CPS is responsible for the payment of expenses of an interpreter who attends court to give evidence about what took place at the defendant's interview.

Interpreter as an Interpreter at Court

A witness who has difficulty in speaking or understanding English may give evidence at court through an interpreter. It is the responsibility of the prosecution and defence to arrange interpreters for their own witnesses at court. (See Annex A). Wherever possible, parties to proceedings should employ the services of different interpreters.

Where the question of the competence of an interpreter is raised, the hearing should be adjourned. The question of the competence of an interpreter is a procedural matter and where it is an issue the hearing should be adjourned to resolve it. See R (on the application of Gashi) v Chief Adjudicator (2001 All ER (D) 262 (Nov)

Where a prosecution witness is to give evidence through an interpreter, it is the responsibility of the CPS to arrange for the interpreter to attend court. The CPS is responsible for ensuring that the interpreter is appropriately qualified to carry out the assignment and that terms and conditions have been agreed before the assignment is undertaken. <refer to Casework Bulletin No.10 of 2002>

The CPS is responsible for the payment of expenses of an interpreter who attends court to interpret the evidence of a prosecution witness; fees should be agreed in advance of the hearing.

Interpreter for the defendant

If a defendant requires an interpreter to interpret the proceedings, it is the responsibility of the court to arrange for the attendance and payment of an independent interpreter. See Prosecution of Offences Act 1985 s. 19(3)(b) (Archbold 6-39 and 16-94) Where there is more than one defendant, each should have a separate interpreter.

A plea is uninformed if the defendant has not fully understood the nature of the case to which he is pleading because of his inadequate understanding of the language and because of the inadequate explanation given by his legal representative See Cuscani v UK (2002 All ER (D) 139 (Sep)

It is important that CPS liaise with the court and the police to ensure that the court is aware of the need for an independent interpreter and any other relevant information, in order that an appropriate interpreter can be selected (See also Archbold 4-37)

It is important that an interpreter used at a police station or in the course of investigations by other investigating agencies is not engaged to interpret in the courtroom. If, however, it is not possible to find another interpreter (for example, where the language is rare) the Court and all parties must be notified of the intention to use the same interpreter for the court proceedings, (see Note for Guidance C13 A in Code C) (Archbold 15-309) See also Regina (Bozturk) v Thames Magistrates' Court Times Law Reports 26^th June 2001

Special Provision in Wales for the Welsh Language

Section 22(1) of the Welsh Language Act 1993 states that any party, witness or other person has the right to speak Welsh in a court in Wales. A Welsh speaking Prosecutor should be provided in such cases. Where this cannot be done, a short adjournment should be sought to enable a Welsh speaking Prosecutor to attend or a court interpreter should be used. As soon as it becomes known that the Welsh language is likely to be used, the court should be informed, in compliance with the Practice Direction of Lord Bingham, (1995 1 All ER. 575). Failure to comply with the Practice Direction may result in a wasted costs order being made against the defaulting party.

Witnesses who are Deaf

A witness who is deaf or hard of hearing may require the services of a qualified Sign Language Interpreter or, for those who do not know or use sign language, a Lipspeaker in order to give their evidence at court. Only registered Sign Language Interpreters or Lipspeakers should be used. The Council for the advancement of Communication with Deaf people (CACDP) is the national examining and registration body for sign language interpreters and details of qualified Sign Language Interpreters and Lipspeakers appear in the CACDP Directory. (See Annex A)

The true record of the original statement of a witness or defendant who uses sign language is a video recording, not the interpreter's written or oral version of what they say the defendant or witness conveyed. See R v Raynor (Times Law Reports 19.09.00) and Regina v Govenor of Brixton Prison and Another Ex Parte Safi (Times Law Reports 24.01.01) (See also ECHR Manual of Guidance Chapter16.8C)

Witnesses who have a Speech Impairment

A witness who has a speech impairment may be permitted to write down his or her evidence at court.

Further Information

National Register of Public Service Interpreters - on CPS Intranet

Directory published by the The Council for the Advancement of Communication with Deaf people (CACDP) - held in HQ Library.

Annex

Annex A Trials Issues Group - Revised Agreement On The Arrangements For The Attendance Of Interpreters In Investigations And Proceedings Within The Criminal Justice System

1. Introduction

This Agreement has been approved by the Trials Issues Group (TIG), whose membership includes representatives from the Association of Chief Police Officers, Bar Council, Crown Prosecution Service, Court Service, HM Customs and Excise, Home Office, Judiciary, Justices' Clerks' Society, Law Society, Lord Chancellor's Department, Magistrates' Association, Victim Support and the National Probation Service. These arrangements should be in place for all criminal investigations and proceedings heard by a criminal court in England and Wales. This revised Agreement has been prepared to reflect developments since the original agreement was drafted in December 1997.

2. Purpose

The dual purpose of this agreement is to:

provide a standardised procedure for arranging interpreters for investigations into alleged offences and for defendants and witnesses appearing in criminal proceedingsin England and Wales.
emphasise the need to take active steps to check the competency of an interpreter in order to comply with responsibilities under the European Convention on Human Rights, in particular Article 6 (the right to a fair trial).

In summary:

the police or other appropriate investigating agency will arrange interpreters for any part of an investigation, and for the requirements of the suspect, or person charged, whilst they are in custody;
the Court will arrange the interpreter for the defendant at court, except where the defendant appears in court up to 2 working days after being charged when it is for the police or other investigating agency to make the necessary arrangements. Wherever possible a separate interpreter should be arranged for each defendant. The interpreter must be available to interpret for the defendant at court throughout the day's court proceedings and not only, for example, when the defendant is giving evidence;
the prosecution and defence will arrange interpreters for their own witnesses in court;
in all cases, Article 6 of the European Convention on Human Rights requires that an interpreter be fully competent for the task assigned;
it is, therefore, important to be satisfied that the interpreter is both competent and appropriate for the task before engaging their services. This means checking the interpreter's qualifications, experience of police and court procedures, professional accountability etc., and ensuring that gender, religious, political or cultural issues are addressed at the outset.

1. Principles

every interpreter working in courts and police stations should be registered with the National Register of Public Service Interpreters (NRPSI, henceforth referred to as the National Register) or the Council for the Advancement of Communication with Deaf People (CACDP) because they offer a minimum and measurable standard of training and quality assurance. Such interpreters can be found in the National Register and the CACDP Directory.
if it is not possible to select an interpreter from the National Register (for example where the language is rare) or CACDP Directory, the interpreter may be chosen from some other list, for example the Association of Police and Court Interpreters (APCI), the Institute of Translation and Interpreting (ITI), the British Deaf Association (BDA), the Royal National Institute for Deaf People (RNID) or the Association of Sign Language Interpreters (ASLI). It is, however, essential that any interpreter selected from another list should meet standards at least equal to those required for registration with NRPSI or CACDP in terms of academic qualifications or proven experience of interpreting within the criminal justice system and professional accountability. Checks should be carried out to ensure that this is so;
wherever possible parties to proceedings should engage the services of different interpreters. It is important that an interpreter used at a police station or in the course of investigations by other investigating agencies is not engaged to interpret in the courtroom. If, however, it is not possible to find another interpreter (for example, where the language is rare) the Court and all parties must be notified of the intention to use the same interpreter for the court proceedings.
this Agreement does not affect the existing arrangements which have been set up to address the obligations of the courts to provide Welsh language interpreters in courts in Wales.

1. The National Register and the CACDP Directory

The National Register details the interpreter's name, language expertise, qualifications, public service and other experience and availability. Interpreters are listed by public service specialism (e.g. legal), language and geographical area. An interpreter needs to hold the Diploma in Public Service Interpreting or an equivalent qualification of at least that standard before being accepted onto the National Register. 'Full' and 'Interim' categories on the National Register reflect an interpreter's professional skill, qualifications and experience. Indication of a legal specialism does not guarantee complete familiarity with all criminal courts. For this reason, those engaging interpreters will wish to satisfy themselves of the interpreters' suitability to interpret as required.

The National Register is available in hard copy, computer disk and CD-ROM. It is usually updated bi-annually. The contact address is:

NRPSI Ltd, Saxon House, 48 Southwark Street, London SE1 1UN, telephone 020 7940 3100.

Sign Language Interpreters, Lipspeakers and Speech To Text reporters are listed in the CACDP Directory and not the National Register. The CACDP Directory details the interpreter's name, qualifications, specific areas of expertise, availability and contact details. The CACDP Directory is updated 3 times a year. The contact address is:

CACDP, Block 4, Durham University Science Park, Stockton Road, Durham DH1 3UZ. Telephone 0191 383 1155.

2. Professional Accountability

The National Register contains a Code of Conduct which has been agreed with the Home Office and the Office of Fair Trading and details the standard expected of interpreters listed on the Register, including standards for competence, procedure, ethical and professional skills, and disciplinary procedures. A disciplinary panel will consider the standard and behaviour of interpreters where complaints are received. The Register also sets out recommended Terms of Engagement which detail the reasonable standards which interpreters may expect of those employing them and give guidelines as to best practice.

The CACDP Directory contains a Code of Ethics which details the standard expected of Registered Sign Language Interpreters, Lipspeakers and Speech To Text Reporters and sets out the complaints and disciplinary procedures. The Directory also includes guidance on communication with people who are deaf.

3. Practical Arrangements

Although the procedure for arranging an interpreter may depend on the stage of the criminal justice process reached, the interpreter should in any event be selected from the National Register or CACDP Directory whenever possible:

investigation

It is for the police or other appropriate investigating agency to arrange the attendance of an interpreter when interviewing a suspect or witnesses in the course of their enquiries.

If the defence require a separate interpreter for consultation with their client at the police station, it is the responsibility of the defence solicitor or legal representative to arrange for the interpreter to attend.

post charge

Where the police or other investigating agency charge a person with an offence, and detain or bail that person for a court hearing within 2 working days of charge e.g. the following day or over a weekend or a Bank Holiday, because of the shortness of time the police or other investigating agency will arrange the interpreter for the court hearing. It is important that so far as possible the interpreter arranged for court is not the one who interpreted at the police station either for the police or the defendant's solicitors at any stage prior to the court appearance. If, however, it is not possible to find another interpreter (for example, where the language is rare) then the Court and all parties must be notified of the intention to use the same interpreter for the court proceedings.

magistrates' court

Where the police charge or summons a person for a court appearance in the magistrates' court after an interval longer than the 2 working days (not including Saturdays), it is the responsibility of the magistrates' court to arrange the interpreter for the defendant. To enable the court to do this the police or other investigating agency will, within 3 working days of the charge or summons, but in any event at least two working days before the hearing, provide the magistrates' court with all the relevant information, including the name of the interpreter used during the investigation. Where there is more than one defendant, each should have a separate interpreter. It is important that the police or other investigating agency also pass such information about prosecution witnesses to the CPS or other prosecuting agency.

Such information will include:

the language and any specific dialect required;
the names of the interpreters used so far by the police and the defence solicitor (where known);
any other information which might be relevant, such as whether skills in interpreting certain technical or procedural details are expected;
any request by the defendant or witness (for religious or cultural reasons) for an interpreter of the same sex, or whether any particular difficulties are likely to be encountered by using an interpreter from a particular ethnic group, or political orientation or affiliation.

Crown Court

Where a case is committed, sent for trial or transferred to the Crown Court for any type of hearing, including Plea and Directions Hearings (PDHs), the Crown Court will arrange any interpreter necessary for the defendant.

Rule 11 of the Magistrates' Courts Rules 1981, as amended by the Magistrates' Courts (Amendment) Rules 1997 and 2000, requires the magistrates' court to provide the Crown Court with the relevant details of any interpreter used in the magistrates' court proceedings.

Where it was not apparent at the magistrates' court that an interpreter was needed and it is not on the committal certificate or other notification, it is the duty of the defence to notify the Crown Court that an interpreter is needed.

The interpreter used at committal will be aware of the PDH date and may be available to interpret at the PDH. Similarly, the interpreter may be aware of the preliminary hearing date at the Crown Court in a 's.51 case'. The onus is on the Crown Court to arrange the defendant's interpreter for each hearing. Although it may be convenient and desirable to do so, it is not necessary for the same interpreter to be used throughout the entire progress of the case through the courts.

In a committal for sentence or an appeal against conviction and/or sentence, the magistrates' court will provide information in the same way as for other cases to be dealt with at the Crown Court. The Crown Court should arrange any necessary interpreters for the defendant/appellant.

The Crown Court will provide the prosecution and the defence with the name of the person they have appointed. The National Register or CACDP Directory should be used whenever possible.

Court of Appeal (Criminal Division)

The Crown Court will send the Court of Appeal (Criminal Division) details of the names and addresses of interpreters used earlier in the proceedings and details of the languages, dialects and other relevant information, including religious, cultural, political and gender issues, where known. Where a new interpreter is required for an appeal, the Court of Appeal (Criminal Division) should arrange the necessary interpreter using the National Register or CACDP Directory wherever possible.

Witnesses for the prosecution and defence

The defence is responsible for the interpreting and translating needs of all defence witnesses both during the preparation of the case and whilst giving evidence in court.

The defence is responsible for the terms of engagement and payment of those interpreters' fees, either under existing contracting arrangements, or with prior authority from the Legal Services Commission.

For court hearings, the prosecution will arrange interpreters for their witnesses.

The prosecution is responsible for the terms of engagement and payment of those interpreters' fees.

The court should be notified in advance of arrangements made for interpreters.

1. Advance notice to interpreters

For court hearings, the maximum possible notice should be given to interpreters so that delays and adjournments can be avoided. It will always be appropriate to obtain the interpreter's availability before fixing court dates. Terms and conditions of engagement (including fees) should be formally agreed at the earliest opportunity. Some interpreters may wish for sight of key documents to be used in the case, in order to prepare for the assignment (particularly where the case is complex or the vocabulary is of a specialist nature).

2. Fees

Fees are payable to interpreters in accordance with discretionary rates. LCD is responsible for the payment of fees to interpreters when required for the accused, defence witnesses and prosecution witnesses in cases conducted by private prosecutors. The fees to interpreters for other prosecution witnesses are paid by the relevant prosecuting agency. Fees for interpreters used in the preparation of the defence case are the responsibility of the defence solicitors who can, where the defendant is legally aided, seek to recover the expense as a disbursement in the legal aid claim.

3. Security

Whilst all the criminal justice agencies have access to the National Register it is also available to any public agency. Where interpreters have been able to provide a Section 21 Subject Access Letter from the police, confirming that the person is free from current criminal convictions, this will be indicated in the National Register. This level of security check is very basic. As there is no specific or routine vetting on the appropriateness of individual interpreters in general or for specific assignments, it may be necessary, in some cases, especially high security cases, for further security vetting to be carried out. This should be arranged with the local police.

4. More than one interpreter

In some cases, particularly those which are complex or where the interpreter is needed for very long periods of interpreting, it may be appropriate to arrange for there to be more than one interpreter. This must be assessed on a case-by-case basis. It is recognised that Sign Language interpreting is especially intensive, and it is therefore more likely that Sign Language Interpreters will need to work in teams.

5. Sign Language Interpreters

As the consequences of mis-interpreting can be so serious, it is important that only qualified/experienced interpreters are assigned for court proceedings or police interviews, etc. In the first instance an MRLSI should be sought. If one cannot be found then a Trainee Interpreter (CACDP) should be used. In exceptional cases, the registered Junior Trainee Interpreter (CACDP) might be adequate for interpreting in, for example, a straight-forward bail hearing, the nature of which is neither technical nor complicated. In all cases, Article 6 of the European Convention on Human Rights requires that an interpreter be fully competent for the task assigned.

6. Lipspeakers

Some people who are deaf or hard of hearing require the services of a Lipspeaker. Lipspeakers communicate with deaf or hard of hearing people who do not know or use Sign Language, but who are usually skilled lipreaders of spoken English. A Lipspeaker is not an alternative to a Sign Language Interpreter and would be ineffective for a deaf or hard of hearing person whose first or preferred language is Sign Language.

Wherever practicable, only level 3 Registered Lipspeakers should be used. Details of qualified registered Lipspeakers are also included in the CACDP Directory along with their associated Code of Practice and other information.

7. Interpreters for Deafblind People (Manual)

People with a dual sensory impairment who rely on the deafblind manual for communication may require the services of a Deafblind Manual Interpreter. Wherever practical, only registered Deafblind Manual Interpreters should be used, details of whom may also be found in the CACDP Directory along with their associated Code of Practice and other information.

8. Speech to Text Reporter

Some people prefer to access proceedings through written English and will therefore require the services of a Speech to Text Reporter. Wherever practicable, only level 3 reporters should be used. Details of qualified registered Reporters are also included in the CACDP Directory along with their associated Code of Practice and other information.

9. Agencies' responses to this Agreement

This Agreement outlines the broad policy decisions which have been reached by the inter-agency Trials Issues Group. Detailed individual operational guidance which has been approved by the various criminal justice agencies has been separately issued to their members. A copy of the relevant guidance can be obtained from the contact point of each agency as attached at Annex A.

Trials Issues Group

December 2002

List of contacts for Agencies issuing Guidance on the use of Interpreters

National Probation Service

4th floor
Glen House
200 Tottenham Court Road
London W1P 9LA
Tel: 020 7436 7121
Fax: 020 7436 9827

Association of Chief Police Officers:

c/o Linguistic & Forensic Medical Services
Metropolitan Police ServiceRoom 920
New Scotland Yard
Broadway
London
SW1H 0BG
Tel: 020 7230 7495
Fax: 020 7230 7343

Crown Prosecution Service:

Policy Directorate
Crown Prosecution Service HQ
United House
Piccadilly
York
YO1 9PQ
Tel: 01904 545484
Fax 01904 545480
e-mail: policy.york@cps.gov.uk

Court Service
[Crown Court and Court of Appeal (Criminal Division)]:

Crown Court Operations, Court Service HQ
8th Floor, Southside
105 Victoria Street
London SW1 6QT
Tel:020 7210 1694
Fax 020 7210 1692

HM Customs & Excise:

Law Enforcement: Policy -
Criminal Justice
HM Customs and Excise
1^st Floor Central, New King's Beam House
22 Upper Ground
London SE1 9PJ
Tel 020 7865 4891
Fax 020 7865 5910

Justices' Clerks' Society:

JCS Secretariat
Liverpool Magistrates' Court
107-111 Dale Street
Liverpool, L2 2JQ
Tel: 0151 255 0790

The Law Society:

113 Chancery Lane
London WC2A 1PL
DX: 56 LONDON/CHANCERY LANE
Tel: 020 7320 5742
Fax: 020 7320 5673

Magistrates' Association:

28 Fitzroy Square
London
W1P 6DD
Tel: 020 7387 2353
Fax: 020 7383 4020

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