The Linguist is a languages magazine for professional linguists, translators, interpreters, language professionals, language teachers, trainers, students and academics with articles on translation, interpreting, business, government, technology
Issue link: https://thelinguist.uberflip.com/i/493117
thelinguist.uberflip.com APRIL/MAY The Linguist 15 FEATURES might sign "hurricanes? tornadoes? violent wind?; not really. Strong gusts?; yes". So in court, if you're asked "how violent was the person?", the jury would see the Deaf person waving their arms about looking extremely aggressive while actually saying "not like that, but like this". That can impact on the feeling in the courtroom and, despite the interpretation, people watching can make judgements based on their inaccurate perception of the language.' Another issue can be a simple lack of understanding. 'If a Deaf person is involved in a case, the SLI must interpret absolutely everything that happens throughout,' Watson-Thomson explains. 'If there's a loud bang outside that makes everyone look, I would interpret that. If somebody hiccups and people laugh, I would interpret that. But I know people who've been told to stop interpreting because they're "distracting the court". It would be great if there were better preparatory information.' This call is echoed by Nil Paniguian JP, a magistrate in the South-West London jurisdiction. Speaking of a recent case involving a Deaf person, she recalls, 'Nobody in the court knew how the process was going to work and nobody explained what was going to happen. We didn't know about the potential problems of rephrasing and so on that could have come up. We should be warned,' she believes, 'because these things could influence the decision; they might change the way the magistrate or jurors think. I would welcome sentencing guidelines and training around this. If we understand why, for example, a Deaf person looks agitated when the interpretation is that there was nothing wrong, that would be really helpful.' Things are improving. A toolkit, 'Planning to question someone who is Deaf', was published on the Advocate's Gateway in July 2014 (www.theadvocatesgateway.org/images /11planningtoquestionsomeonewhoisdeaf 100714.pdf), and the JUSTISIGNS project (http://justisigns.com) is researching the experience of Deaf individuals within legal systems around Europe. Robust guidelines will be written as a result, aimed at different groups, including Deaf people, legal professionals and SLIs themselves. 'I wouldn't want anyone who had just completed a general course to introduce themselves as a specialist court interpreter,' Harrington says of the need for specialist training. 'SLIs should be registered and have significant experience before working in court,' agrees Watson-Thomson. 'No interpreter worth their salt would put themselves in that position otherwise, because the consequences are too great.' The Association of Sign Language Interpreters (ASLI), meanwhile, recommends that BSL/English interpreters gain at least five years' post-qualification experience, observe proceedings, and shadow a practising specialist before working in high-risk domains. It has a list of approved mentors, available on its website (www.asli.org.uk), and there are web-based forums and regional meetings where members can seek recommendations for interpreters in the legal domain. Meanwhile, SLIs already working in legal settings need to consider their continuing professional development (CPD). To help, Karen Newby, an ASLI Fellow, is leading a new legal working group within ASLI to produce best practice guidelines. 'In the legal sector, there hasn't been much guidance for SLIs in this country, but there is in other countries – for example, the USA,' she notes. 'In the UK, BSL interpreters reach a minimum safe-to-practise level of qualification and then the onus is on them to undertake CPD courses; there are no higher level qualifications or certification. In the States, qualified American Sign Language (ASL) interpreters can gain advanced certification in their chosen specialism.' Comprehensive guidelines are available in the USA, which could be adapted for the UK – and some elements may be surprising. For example, while SLIs commonly use simultaneous interpreting, 'contemporary research suggests that interpreting consecutively is the best way to preserve quality and integrity, which is vital in the legal domain,' says Newby. Despite all of this, experts agree that when BSL/English interpreting works well in the courtroom, it is a well-oiled machine. 'My experience was fantastic,' Paniguian enthuses. 'It went remarkably smoothly with no problems at all, no disruption to the court, and very thorough interpreting.' Ultimately, despite the courtroom being a challenging and daunting environment for any newcomer, 'all parties seemed to be happy'. "There's no way to interpret it into BSL. We can't interpret 'Did he hit you?' without leading the witness" CHALLENGING SET UP Interpreters usually sit behind the client in court but sign language interpreters have to be opposite the Deaf person © SHUTTERSTOCK