What if your client doesn't understand the interpreter?

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Lauren Shadi (MA,MITI,MCIL,NRPSI), Director of Give Me Your Word Ltd., explains how a quality-conscious interpreting agency can help you avoid a potential disaster (sponsored content)

In UK public services, non-native English speakers rely on interpreters. CPS guidance states that the right to an interpreter is an integral part of the right to a fair trial. Every day, hundreds of interpreters work across legal settings to enable vital dialogue to take place.

Lauren Shadi

To convey their message accurately, your client needs a high-quality interpreter. Directive 2010/64/EU of the European Parliament sets the standard: “the quality of the interpretation [...] shall be sufficient to safeguard the fairness of the proceedings, [...] by ensuring that suspected or accused persons have knowledge of the cases against them and are able to exercise their rights of defence.”

In theory, to work in criminal justice, interpreters must have specific qualifications. In practice, this isn’t always the case. What if your client doesn’t understand the interpreter?

Checking comprehension

The judge will check your client and the interpreter understand each other:

Judge: To check you and the appellant understand each other, please ask her how she arrived here today.

Interpreter: The judge would like to check that you understand the interpreter and has asked me to ask you how you arrived here today.

Appellant: I came by bus/taxi, etc.

[Interpreter interprets response.]

Or:

Judge: Can you have a few words with the appellant to ensure you understand each other.

Here, the interpreter might say “Hello, my name is X. I’m your interpreter. The judge wants us to check we understand each other. Do you understand me?”

Both parties have confirmed they understand, so what’s the issue?

Having received confirmation that your client and the interpreter understand each other, the judge is satisfied. Now arguments such as “that’s not what I said” won’t wash at appeal.

However, it’s not so simple. Firstly, the judge asks the question at the beginning; not much has been said (and therefore interpreted), other than introductions. The “test” demands little more than GCSE-level language skills.

Secondly, your client may be conscious of causing offence, and therefore avoid raising doubts. They might think raising doubts could have an adverse effect on their case.

Thirdly, they may just want to “get it over with”. But their future lies in what they’re saying, and thus, accurate interpreting.

Solutions

GMYW has solutions to ensure that if your client doesn’t understand their interpreter, disasters can be averted:

1. Check parties understand each other periodically. Nevertheless, clients may still want to finish quickly and not offend anyone.

2. Provide a feedback form in client’s native language to complete at their leisure.

Good for monitoring quality but raising issues afterwards is too late. It should be done immediately, not via the interpreter, and when we are past the schoolboy French.

3. Give your client a document, in advance, in English and their language, stating “if you have any interpretation concerns, tick this box, hand the paper immediately to X and we’ll source another interpreter.”

4. Request two court interpreters.

Our solicitor clients often book interpreters to monitor court interpreters. But they sit at the back, where it’s difficult to hear. Plus, it’s awkward to question a colleague’s quality.

If courts booked two interpreters, each could interpret half of the proceedings and be professional enough to raise any concerns. If this became standard procedure, interpreters would accept it as part of the course.

5. Use a quality language service provider.

The link between fair terms and quality is undeniable. Think back to the 2012 government tender for court interpreter services. In a privatisation described as “shambolic”, trials collapsed and professional interpreters boycotted the contracted agency over low fees. At GMYW we only work with DPSI-qualified, experienced interpreters1. And we have a fair-trade policy, which guarantees quality.

We also provide written translations. So, let us create feedback forms and statements to empower your clients to speak out if they don’t understand the interpreter.

You work hard to prepare your client’s case. Don’t risk it collapsing because they didn’t understand the interpreter. In a country where the right to a fair trial is fundamental to the rule of law and democracy, let GMYW help you minimise this risk.

For further information about GMYW, visit our Legal Services Directory Listing - here.

1 The DPSI is the Diploma in Public Service Interpreting. It has been the benchmark qualification for public service interpreting in the UK for over 30 years.

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