FEATURES
12 The Linguist Vol/58 No/5 2019
ciol.org.uk/tl
Insights into a sexual assault trial, as sue leschen considers how cuts to legal
aid and misunderstandings about the interpreter's role complicate the work
I have interpreted in many sexual offence cases over the
years, so when I am contacted about another such
assignment, I accept even though it means travelling quite
far from home, including overnight stays. the case turns
out to be fairly typical, highlighting the many demands
on legal interpreters and how we strive to deliver a
professional service – often in difficult circumstances.
I am booked to attend crown court at 10am and the
court clerk asks me to wait with the defendant in the
public waiting room. Unfortunately, many courts do not
have separate waiting rooms for interpreters. having
introduced myself to the defendant, I deliberately
keep my distance pending the arrival of his barrister.
defendants have been known to allege (falsely) that
their interpreter has given them advice such as to plead
not guilty.
the barrister rolls up an hour late and asks me to
interpret at the pre-hearing conference, as the defendant's
solicitors haven't booked their own interpreter. this is
an increasingly common situation due to recent cuts in
legal aid, and one which urgently needs clarifying. In my
experience, judges are inconsistent on this matter. some
criticise us for interpreting at such conferences, while
others order us to interpret for any party or witness, as
the hearing can't proceed that day without us! this can
mean interpreting for one or more of the parties
throughout the hearing, as well as during all of counsels'
conferences and/or solicitors' consultations with their
clients.
obviously, there is a fatigue issue here, as well as a
potential conflict of interest. Firstly, we are being
ordered to work for lawyers who have neither booked us
nor are responsible for paying us. and secondly, we may
unwittingly transfer privileged data and terminology from
one party to another, such as an alias or a date.
Where feelings are running high, one or all of the
parties may see a 'shared' interpreter as some kind of
spy flitting between separate camps. on this particular
occasion, the defendant's barrister asks me to come to
court an hour early the following day for a pre-hearing
conference with his client. I decline as I won't be paid to
attend before my booked time.
A legal challenge
SEEKING JUSTICE
The legal team
(main image) may
have inappropriate
expectations of the
interpreter; while the
view of a witness or
defendant (above) may
be obscured, making the
interpreter's job harder
©
PhotograPherlondon
|
dreamstIme.com
©
Ijdema
|
dreamstIme.com
