Table of Contents

Chapters

Annexure 5 – Summary: what judicial officers can do to assist the interpreter

  • Ensure that interpreting services are organised well in advance of the proceeding and ensure the interpreter has received a full briefing.
  • Ensure that the interpreter’s working conditions are appropriate (see Standard 9), that they can hear all parties and have a clear view of all persons speaking.
  • Ask interpreters to introduce themselves and state the level of their NAATI certification, their formal qualifications, membership of a professional interpreting association requiring adherence to a code of ethics and conduct, and court experience, namely how often they have worked in a court or tribunal and their understanding of their ethical obligations, including the Code of Conduct (Schedule 1).
  • Explain the interpreter’s role as an officer of the court or tribunal to the witness, party and jury (as relevant) and explain that their role is to interpret everything accurately and impartially as if they were the voice of the person speaking.
  • Instruct the interpreter to feel free to seek clarification when needed and to seek leave to consult a dictionary or to ask for repetitions. (Remember, it is a sign of a good interpreter to take such actions when needed, to ensure accuracy of interpretation). Ask interpreters what resources they will be accessing in court and what pauses or breaks are necessary to allow them to check this material (for example, on-line glossaries).
  • Acknowledging that interpreting is mentally and physically taxing, ask the interpreter when they would like to take their breaks – ideally breaks should be provided at least every 45 minutes. For trials and long hearings, ensure that two interpreters work together as a team, where possible, taking turns every 30 minutes.
  • Remember that interpreting accurately does not mean interpreting word-for-word. Interpreters are required to interpret what is said – including swearing and evasive and confusing statements.
  • Instruct parties to speak clearly and at a reasonable pace, to use plain English, and to pause after each complete concept to allow the interpreter to interpret. Stop any overlapping speech or any attempts from lawyers or other parties to interrupt the interpreter. (As a guide, if you cannot remember the question in full or understand its full meaning, it is very unlikely the interpreter will).
  • Explain legal concepts, jargon, acronyms and technical terms. It is the court or tribunal’s role to explain terms, not the interpreters. If there are no direct equivalents, the interpreter may ask for an explanation, which they will then interpret.
  • If there is anything to be read out, provide the interpreter with a copy too. If it is a difficult text, give the interpreter time to read through it first to the end. Longer written material will need to be formally translated.
  • If anyone questions the interpreter’s rendition, do not take their criticism at face value. Bilinguals who are not trained interpreters often overestimate their competence. A Qualified Interpreter should have tertiary (VET or higher education) qualification in interpreting, a NAATI certification and be a member of a professional interpreting association that requires adherence to a code of ethics and conduct, and court or tribunal experience. Another person performing the office of interpreter may have some combination of these attributes. When assessing the merit of the criticism, take into account the extent to which the bilingual possesses these attributes compared with the interpreter, and give the interpreter the opportunity to respond to the criticism.