The Linguist

Chartered Institute of Linguists AUTUMN 2026 The Linguist 17 FEATURES with approximately 50 of the intermediaries appointed by His Majesty's Courts and Tribunals Service (HMCTS) on their books. I was definitely out of my comfort zone here as, other than one interpreter colleague (Irina Sanders), I was on my own in another profession's bubble. It was a classic example of how professionals often lack joined-up thinking when it comes to CPD, as fellow legal interpreters would have benefitted from listening to the truly inspirational speakers, who work in our world too. Speakers included solicitors, an occupational therapist, a psychiatrist and an expert on children's rights – all of whom highlighted how, in court, intermediaries and interpreters are both conduits in legal venues, albeit for different reasons. They highlighted issues which are familiar to legal interpreters, such as clients feeling overwhelmed by being in court, being in fight or flight mode to the point that they want to exit the hearing room, or becoming argumentative in conferences with their barristers. Some clients "simply freeze", look blank and become emotionally withdrawn. Intermediaries often have to work hard to keep clients calm and focused. The speakers also mentioned scenarios where they intervene to support clients who might be struggling to find words and/or to answer direct questions. This type of intervention is not one that legal interpreters can make – if the client stops speaking (or never speaks), interpreters cannot assist them by trying to fill in the gaps. If they remain silent then so must we. An intermediary's intervention here might make the difference between the court making incorrect assumptions about seemingly evasive behaviour and the court having informed understanding as to why the person is giving no responses, or giving responses that seem to bear little or no relation to the questions asked. Such an intervention can be very helpful for interpreters, too, because when we interpret apparently bizarre utterances, legal professionals might otherwise assume we are misinterpreting what the client has said. The speakers also explained some of the strategies they use to alleviate their clients' stress. These include taking notes for them in court (rather like a McKenzie Friend, who can provide emotional and practical support in court), requesting frequent breaks or encouraging clients to wear whatever makes them feel comfortable (although where such clothing hides the face, as with a hoodie pulled tight or a blanket over the head, this could impede the work of judges, juries and interpreters). An intermediary I once interpreted for drew pictures and speech bubbles to illustrate what was happening, which was very effective. One of the speakers mentioned the need for simplified language in legal settings, and while in theory this makes sense, in practice it can lead to distortions. During a recent interpreting assignment, the intermediary completely distorted the meaning of the lawyers' speeches and confused some of the legal terminology. This left me with something of a dilemma, so I asked for a meeting with the solicitor and the intermediary to discuss the effect on the interpreter (and ultimately on the client) of oversimplification to this extent. At the conference, all the speakers stressed that intermediaries aim to collaborate with other professionals in order to foster a holistic approach. This was music to my interpreter ears, as not all professionals are prepared to work this way. It is not uncommon for legal interpreters to be disrespected by lawyers and judges. At the judge's discretion Of course, the presence of an intermediary is not a given; it is at the judge's discretion. At a recent pre-hearing conference with counsel, both myself and the barrister (but interestingly not the client's volunteer support worker) felt that the client was not understanding what was being said. As a result, the barrister made an application for an intermediary to be appointed as a 'special measure', which was fortunately granted by the judge. This meant that the hearing had to be adjourned for several months to give the intermediary time to go through the various legal documents (pleadings) with the client before the next hearing. The support worker's reasoning was that waiting for an intermediary to be sourced and then for their assessment report to be filed might be prejudicial to the client's recall of events. Notwithstanding this view, Article 6 of the European Convention on Human Rights (ECHR) gives everyone the right to a fair trial, which cannot take place if the defendant does not completely comprehend the allegations against them. The barrister also referred to the Pritchard Rules, which comprise six criteria that can be used to assess a defendant's fitness to plead – one of which is the ability to understand the details of the evidence and the charges against them. One of the speakers at the conference was a psychiatrist who pointed out that their opinion of whether or not a defendant was fit to plead in a criminal case might change once an intermediary had been appointed. A solicitor argued that intermediaries should be appointed at the instructions stage – well before a first civil or criminal hearing. Working alongside intermediaries potentially has many advantages for legal interpreters. At the same time, having to interpret for yet another person in the room – and having to check that an intermediary's understanding of what has been said is accurate – adds another dimension to our work, not to mention additional fatigue. For a client who might already be feeling overwhelmed in a court setting, they also have to take on board what is, in effect, two different types of interpretation of what their case is about. Ironically, the more supporters in the room, the more threatening the situation might feel to a vulnerable client. Currently there do not appear to be any protocols or guidance as to how interpreters should work collaboratively with intermediaries. Nor do we yet share any CPD that would help us to understand each other's roles. Perhaps this article is a good start! Overwhelmed clients also have to take on board what is, in effect, two different types of interpretation

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