Legal interpreting
16.0K views | +1 today
Follow
Legal interpreting
Public Service Interpreting in the UK
Curated by interpreter
Your new post is loading...
Your new post is loading...
Scooped by interpreter
Scoop.it!

The last ten years of legal interpreting research. A review of research in the field of legal interpreting | Eloísa Monteoliva García - Academia.edu

The last ten years of legal interpreting research. A review of research in the field of legal interpreting | Eloísa Monteoliva García - Academia.edu | Legal interpreting | Scoop.it
Despite the controversial discussion around the deenition and extent of the role of interpreters in legal settings (Hale, 2008), academics, practisearchers and increasingly interpreter users seem to agree on the crucial role of legal interpreting for
interpreter's insight:
This review described research activity in the field of legal interpreting and presented the themes that are being addressed by a community of researchers that is progressively specialising in specific types of encounters, groups and factors affecting interpretermediated communication. Through their research efforts, researchers from interpreting studies and other disciplines are contributing to advancing knowledge of important matters such as the needs of victims of domestic abuse in police interviews, the impact of having interpreting services available and training for particular subdomains of the legal sector, and the impact of the presence and participation of bilingual participants in interpreter-mediated legal encounters. As stressed at various points in this review, themes such as the interpreter’s role, professionalisation and quality are ubiquitous in the literature, and will hopefully translate into enhanced practices and, in certain cases, reforms in policies and regulations. The field features stark differences between settings, and the courtroom remains the most-widely researched field. Emerging fields, in which valuable research has been conducted, deserve further attention. Interpreting in prisons and asylum, immigration and police settings should receive further scholarly attention, but these are settings that are still less easily accessible.
more...
No comment yet.
Scooped by interpreter
Scoop.it!

That hurts: When interpreters re-tell the nightmares of others. https://www.linkedin.com/pulse/hurts-when-interpreters-re-tell-nightmares-others-martyn-swain/

However, it is a recognised fact that the act of saying something awful, even if it is not you that has experienced it, can overwhelm you with the affect associated with that narrative. Imagine yourself saying, “I climbed into a tree to escape from the Interahamwe, but my daughter was not quick enough: I had to watch……” or if you found yourself arrogantly denying any involvement in the organised execution of thousands of boys and men even as you are pictured swaggering in front of the barbed wire pens in which they are hoarded prior to being slaughtered. Would that not affect you? Would it not hurt? And what do you do with those words, the words YOU SPOKE, once you have left the booth? 
more...
No comment yet.
Scooped by interpreter
Scoop.it!

The Secret Barrister lifts the lid on the state of criminal justice

The Secret Barrister lifts the lid on the state of criminal justice | Legal interpreting | Scoop.it

The private companies who win justice-related work from ministers like former Secretary of State for Justice Chris Grayling (more on him below) but fail to deliver – to deliver prisoners to court or interpreters to hearings – because profits are more important than performance and because the MoJ has screwed up their contracts.


These are a random selection of the points which show that we face something more than the inevitable effect of budget cuts; the implicit contract we make with the state is broken.

more...
No comment yet.
Scooped by interpreter
Scoop.it!

Courts and Tribunals Judiciary | New edition of the Equal Treatment Bench Book launched

Courts and Tribunals Judiciary | New edition of the Equal Treatment Bench Book launched | Legal interpreting | Scoop.it
There are practical tips on communicating with those speaking English as a second language or through interpreters, communicating with people with mental disabilities, a guide to different naming systems, and latest views on acceptable terminology.
more...
No comment yet.
Scooped by interpreter
Scoop.it!

Garden Court Chambers announces action in response to legal aid cuts and publishes open letter to MoJ calling for rethink of AGFS

Garden Court Chambers announces action in response to legal aid cuts and publishes open letter to MoJ calling for rethink of AGFS | Legal interpreting | Scoop.it
The Criminal Justice System has been decimated by more than a decade of cuts. The proposals to reform legal aid fees for barristers are part of that bigger picture.

The Criminal Justice System is not sustainable in its current form. Police budgets have been massacred leading to drops in the detection and prosecution of offences. Appalling disclosure failings have led to the imprisonment of the innocent. Delays have resulted in complainants and witnesses losing faith, withdrawing from the proceedings and potentially allowing the guilty to go free.

The Crown Prosecution Service has seen unprecedented cuts. Courts are being closed and those left open are in states of abject disrepair, with Court staff undermined and underpaid.  Criminal solicitors are at crisis point and face further swingeing cuts to legal aid litigation fees. The former Lord Chief Justice, Lord Thomas of Cwmgiedd, has warned of a ‘ticking time bomb’ and unprecedented recruitment crisis within the judiciary.

Prisons are underfunded and understaffed, resulting in dangerous institutions where self-harm, mental illness, suicide, assaults and murder are at unprecedented levels. The privatisation of the probation service has been a complete failure.

The Criminal Justice System is only able to function by relying on the goodwill of those working within it but morale within the system is at an all time low.
more...
No comment yet.
Scooped by interpreter
Scoop.it!

Linguist Lounge - UK's leading translation news source

Linguist Lounge - UK's leading translation news source | Legal interpreting | Scoop.it
This not-for-profit website was launched in 2012 after the court interpreting service in England and Wales was outsourced to ALS, now owned by Capita plc. The name of the site, Linguist Lounge, was chosen on the analogy with another Linguist Lounge, the web portal ALS launched for their linguists. In August 2013 Capita changed the name of their Linguist Lounge to “Capita Linguist Portal”. The contract with Capita expired on 31st October 2016. The face-to-face interpreting service for the HMCTS is now provided by thebigword and its approved subcontractors. 

The main focus of the website is now on general interpreting and translation news and trends in the UK.
more...
No comment yet.
Scooped by interpreter
Scoop.it!

Courts: Interpreters:Written question - 120473

Ministry of JusticeCourts: Interpreters120473
To ask the Secretary of State for Justice, what the annual value is of the private contract to provide interpreters to courts in England and Wales; and how much is spend on each region on that contract.
A Answered by: Dr Phillip Lee Answered on: 27 December 2017
The Ministry of Justice has two contracts which provide face to face interpreting services to courts and tribunals, Lot 1 (Face to Face, Telephone and Remote Foreign Language Interpreting) and Lot 3 (Face to Face and Remote Non-Spoken Language Interpreting). These contracts began on 31st October 2016 and make provision for the Ministry of Justice, her Agencies and Arm’s Length Bodies as well as other organisations such as the Crown Prosecution Service to procure these services.

The spend in the first year of these contracts (31st October 2016 – 31st October 2017) was as follows, with the spend relating to Her Majesty’s Courts and Tribunals Service bookings broken down by region
more...
No comment yet.
Scooped by interpreter
Scoop.it!

Why I will not work for Language Empire (by a BSL interpreter)

Why I will not work for Language Empire (by a BSL interpreter) | Legal interpreting | Scoop.it
I believe Language Empire to be fundamentally and utterly failing in its duty to provide quality interpreting to the Deaf Community. However, this does not in my opinion absolve NHS England from its Equality Act duties to ensure its services are accessible to Deaf people. I do not know what the contract stipulates from either party, but it ought to allow for early abandonment of it if the provider does not provide. Why would it not do that? If the contract legally binds NHS England to a provider that does not provide then it should default upon it.
more...
No comment yet.
Scooped by interpreter
Scoop.it!

Privatization of court interpreting hinders access to justice for non-English speakers in the UK #2012 and ongoing

Privatization of court interpreting hinders access to justice for non-English speakers in the UK #2012 and ongoing | Legal interpreting | Scoop.it

It should go without saying that competent interpreters are crucial for a fair trial – a right which applies to both English and non-English speaking persons alike. Needless to say, the potential miscarriages of justice due to poor interpreting should be a huge cause for concern

more...
No comment yet.
Scooped by interpreter
Scoop.it!

List of miscarriage of justice cases - Wikipedia

List of miscarriage of justice cases - Wikipedia

This is a list of miscarriage of justice cases. This list includes cases where a convicted individual was later cleared of the crime and has received either an official exoneration, or a consensus exists that the individual was unjustly punished or where a conviction has been quashed and no retrial has taken place, so that the accused is assumed innocent.

Amnesty International denounced Francisco Marcial's imprisonment as resulting from a wrongful prosecution. The group declared her a prisoner of conscience, claiming there was no credible evidence against her, and that she had been prosecuted because of her gender, poverty, race, and inability to speak or understand the Spanish language.
more...
No comment yet.
Scooped by interpreter
Scoop.it!

Lost in the translation

Lost in the translation | Legal interpreting | Scoop.it

Legal legend still tells of the serious misinterpretation concerning Iqbal Begum, who in 1981 was convicted for murdering her husband. Her solicitor had tried to work out what her admissions were with the help of a Pakistani accountant acting as interpreter. She pleaded guilty at the trial, but the judge adjourned the case to ensure that she understood the difference between murder and manslaughter.

When an affirmative answer was returned, he had no option but to pass a life sentence. Three years later, however, it was revealed that although the interpreter at her trial was a native Gujarati and Hindi speaker, the only language he shared with Mrs Iqbal was Urdu. It was agreed at the appeal that she, a native Punjabi speaker, was not proficient enough in Urdu to understand the difference between manslaughter and murder, despite similarities between the two languages. Her murder conviction was subsequently quashed, and a sentence substituted that allowed her immediate release.

The case, which is cited both by the Nuffield Interpreter Project in its report on court interpreters (Access to Justice 1993), and by the International Association of Conference Interpreters in its magazine Communicate, is obviously an extreme example of the miscarriages of justice that occur through faulty translation. But whether extreme or slight, such linguistic slips are in direct contravention of Article 6 of the European Convention on Human Rights which demands, when describing the concept of a fair trial, that anyone charged with a criminal offence has the right to be "informed properly, in a language which (s)/he understands and in detail, of the nature and the cause of the accusation against him".

more...
No comment yet.
Scooped by interpreter
Scoop.it!

On Probation Blog: Search results for interpreter

On Probation Blog: Search results for interpreter | Legal interpreting | Scoop.it
In London the CRC staff have been told not to use face to face interpreters any more, only telephone interpreters are allowed. That is all there is money for we're told. In the past I have had a number of DV cases with no BBR on their order because of language issues where the expectation was that I do 1-1 work with them. I would never used a telephone interpreting service for such complex emotional work. I would need an interpreter present in the room, preferably the same one for all the sessions and this is how I have managed so far with those cases. If I were to be allocated a language case now with no access to a proper interpreting service I am quite sure I would not be able to work with the case. What have others' experience been of such situations? Any opinions on the subject?

This is where we are, If anybody had told me in 1992 that we would get here l would not have believed it. What we do is try and find a way.

It gets worse each and every day. On a side note our office was closed we were told those in financial hardship would get bus tokens to facilitate travel. That was a lie. The CRC has saved a fortune in office closures yet no additional bus tokens.

As for the issue you raise I think it is a disgrace.
more...
No comment yet.
Scooped by interpreter
Scoop.it!

matrix report Archives

matrix report Archives | Legal interpreting | Scoop.it

Independent review of the standards in the framework for the delivery of interpreting and translation
by chris@thedistrict on May 08, 2015 


Ann Corsellis OBE Vice-president of the Chartered Institute of Linguists, examines the importance of accuracy in legal translation.

The UK Ministry of Justice (MOJ) appointed independent assessors (Matrix Knowledge, now Optimity Matrix) to carry out an independent review of the quality standards in respect of the Framework Agreement for the delivery of interpreting and translation (I&T) services across the justice system. Of the five recommendations, the MOJ accepted one.

The Independent Review was commissioned as a result of investigations by the National Audit Office, the Public Accounts Committee and a report by a Justice Committee on the Framework Agreement.

The topic was well chosen, for proven quality of all the interdependent skill sets involved, is integral to the integrity and quality of the justice system as a whole. That quality is achieved firstly by prior training and objective assessment of specific skills. The National Occupational Standards for I&T set out the minimum standards required. There is an established Diploma in Public Service Interpreting (law) offered by the Institute of Linguists (IoL) Educational Trust for this purpose.

Being nearly accurate is not good enough and possibly worse than not having an interpreter at all. Engaging qualified and experienced I&Ts is seen as important by the MOJ. However, it is a matter of concern that this is diluted by its aim to have a tier system, whereby it can be decided which occasions some interpreters can practise at a lower level. Who decides, and how, on the linguistic complexity of a future event is not clear.

The MOJ recognises the need for continuous professional development (CPD) and assessment of languages rarely required. In theory, it may well be right in thinking the responsibility for these lies elsewhere. However, the reality is that the sparse and unpredictable nature of income received by legal I&Ts presents difficulties and it is not clear where else resources would come from. The previous and respected system that was evolving, before the implementation of this current framework agreement, was stalled mainly by lack of investment in training. There is a need for a joined-up governmental response.

more...
No comment yet.
Scooped by interpreter
Scoop.it!

Interpreting by consent – strong parallels with interpreting and the challenge of accountability. What are the public safeguards?

Interpreting by consent – strong parallels with interpreting and the challenge of accountability. What are the public safeguards? | Legal interpreting | Scoop.it
This PhD journey has enabled me to look closely at the world of policing, introducing me to issues faced when policing a diverse population and the need to maintain legitimacy. There are clear mess…
interpreter's insight:
Rank-and-file officers often act in invisible conditions, away from the gaze of their supervisors. I see some strong parallels with interpreting and the challenge of accountability. How can we, the public – including people who are deaf, be confident that officers (and interpreters) are behaving ethically and appropriately? What are the public safeguards? How can we be sure the public still consent to being policed (or interpreted)?
more...
No comment yet.
Scooped by interpreter
Scoop.it!

Speeding up police forensic investigations and reducing bail periods

Speeding up police forensic investigations and reducing bail periods | Legal interpreting | Scoop.it
What takes the police so long to collect the evidence?

One answer lies in the resources available to the police at a time when security questions, as well as more routine criminal ones are rising claiming their attention. Another is something which criminal investigations have in common with civil disputes – there is a lot of data out there, on multiple devices and device types, backed by large and cheap storage bought from the High Street or available in the Cloud. Chief Constable Chris Eyre, of the Association of Chief Police Officers says “Hi-tech crime investigations, computer forensics, CCTV, telephony, using interpreters or gathering evidence across borders and jurisdictions can all take time and painstaking analysis.”
more...
No comment yet.
Scooped by interpreter
Scoop.it!

CrowdJustice Campaign – Alert your MP to the state of criminal justice

CrowdJustice Campaign – Alert your MP to the state of criminal justice | Legal interpreting | Scoop.it

CrowdJustice Campaign – Alert your MP to the state of criminal justice
I am thrilled to be part of a brand new CrowdJustice campaign, launched today, aimed at shining a light on the crisis in the criminal justice system. The Criminal Bar Association and Young Legal Aid Lawyers are asking for pledges to raise funds so that every single Member of Parliament can be sent a copy of Stories of The Law and How It’s Broken and a copy of the Young Legal Aid Lawyers report on Social Mobility in a Time of Austerity. The frightening reality appears to be that too many of our elected representatives are oblivious to the parlous state of our under-funded, under-resourced criminal justice system. This campaign hopes to change that.

For my part, I shall be donating royalties raised by this campaign to the wonderful Bar Pro Bono Unit.

more...
No comment yet.
Scooped by interpreter
Scoop.it!

Hire an interpreter, not a linguist.

Hire an interpreter, not a linguist. | Legal interpreting | Scoop.it
Many countries have legislation regulating interpreting services, limiting professional practice to those with a college degree or a license to practice the profession, to a requirement of holding a certification, accreditation, or qualification by a government agency or a professional association.
more...
No comment yet.
Scooped by interpreter
Scoop.it!

The Shadow State: how to stop outsourcing scandals

The Shadow State: how to stop outsourcing scandals | Legal interpreting | Scoop.it
Before I began, the scandals around the outsourcing industry had been coming thick and fast. In 2012, Britain had been forced to call in the army to provide security for the Olympics after G4S announced it was unable to deliver its services. Questions were beginning to be asked about other companies, including Serco, Capita, the now-defunct A4e, Atos and others.

If the government outsourced to save money or to get a better quality of service, the circumstantial evidence, it seemed to me, suggested it was failing in its aims. But what really struck me as I began to study the subject, was how many different areas of the state I ended up writing about.

Almost every area of the justice sector - from police to probation via courts and prisons – had been touched by the outsourcing industry. So too had employment and benefits services, health care, social care, not to mention all sorts of less obvious backroom departments  – at times it seemed like every service the state provided for the public had been touched by the outsourcing industry.

This was a gigantic change in the way that government operated which had taken place over the last 20 or so years, yet analysis of it – either in official government reports, or advisers’ memoirs and the like – was thin on the ground.
more...
No comment yet.
Scooped by interpreter
Scoop.it!

Witness Expenses and Allowances | The Crown Prosecution Service 22 December 2017 | Legal Guidance #Interpreters

Witness Expenses and Allowances
22 December 2017 | Legal Guidance

more...
No comment yet.
Scooped by interpreter
Scoop.it!

Courts: Interpreters: Written question - 120478

Courts: Interpreters:Written question - 120478
Q Asked by Richard Burgon(Leeds East)Asked on: 19 December 2017
Ministry of JusticeCourts: Interpreters120478
To ask the Secretary of State for Justice, what the estimated cost to the public purse is of unfulfilled or cancelled cases in each year since the contracting out of interpreter services to all courts in (a) England and Wales and (b) each region.
A Answered by: Dr Phillip Lee Answered on: 27 December 2017
The information requested is not held centrally.
more...
No comment yet.
Scooped by interpreter
Scoop.it!

Now hear this: live is best | Virtual Justice - Opinion - Malcolm Fowler, solicitor and higher-court advocate

Now hear this: live is best | Virtual Justice - Opinion - Malcolm Fowler, solicitor and higher-court advocate | Legal interpreting | Scoop.it

I applaud and support Jonathan Goldsmith’s detailed and persuasive corrective to what is threatening to be a headlong – indeed scarcely challenged – rush towards video and other remote hearing formats as the preferred and incontestable option (Gazette, 26 February).

The logistical dilemmas he identifies are, frankly, too little understood and therefore yet seriously to be addressed at all. This is especially so when we shift the focus from technical argument to the reputation and liberty of the subject and to full empathy with the accusers.

As a stark recent example, we have had Lord Justice Leveson explaining to both the victims and John Worboys that he had to be produced for the initial judicial review hearing despite all parties’ wishes because the video link to that prison was routinely breaking down. This happens in less well-reported cases on a daily basis.

It goes further. The old technology obstinately adhered to by the Ministry of Justice delivers so inadequately that neither the professionals nor, just as importantly, the parties and their relatives and friends can participate anywhere near as fully as on a conventional ‘live’ hearing.

For the reasons enumerated by Jonathan, ‘live’ is unarguably best. The MoJ, if still intent on favouring a remote second-best format, must meet the clear pre-condition of a technology fit for purpose, inconvenient and costly though it may be.

Malcolm Fowler, solicitor and higher-court advocate, Kings Heath, Birmingham

more...
No comment yet.
Scooped by interpreter
Scoop.it!

IN THE NIA 9 TRIAL: ‘No Interpreter, No Proceedings’ Prosecution #Gambia

IN THE NIA 9 TRIAL: ‘No Interpreter, No Proceedings’ Prosecution #Gambia | Legal interpreting | Scoop.it
The head of prosecution in the trial involving former intelligence chief of the NIA, Lawyer Antouman AB Gaye, has told the Banjul High Court that without an interpreter, there will be no proceedings.

Lawyer Gaye made this remark when the trial Judge Justice Kumba Sillah-Camara, told him that there was an Assistant Registrar of the High Court who was going to be sworn in as an interpreter.

In his intervention, Lawyer Gaye said since there was no interpreter available for the trial, the matter should be adjourned for the interest of both the prosecution and the defence. He said for the interest of justice in the trial, the Assistant Registrar cannot assume the role of an interpreter
more...
No comment yet.
Scooped by interpreter
Scoop.it!

The Face of Justice: Historical Aspects of Court Interpreting (PDF Download Available)

The Face of Justice: Historical Aspects of Court Interpreting (PDF Download Available) | Legal interpreting | Scoop.it
To the non-lawyer, beginning research into the area of court interpreting can be a daunting business. For example, it comes as something of a surprise to find out that in the English system, cases tend not to be reported unless they involve a new point of law (Clinch, 1989, 1990). Hence the Iqbal Begum appeal, a seminal case for the modern researcher into court interpreting, was heard in 1985 (four years after the original trial), but not reported until 1991, and then only as a result of pressure from elements outside the legal establishment. The increasing availability of electronic and Internet-based searches does not necessarily facilitate the English-language researcher’s task: the mere fact that in English the word “interpretation” in the legal sphere is primarily associated with the process of determining the “true meaning” of a written document means that searches in legal data bases are likely to yield vast numbers of largely irrelevant references.
more...
No comment yet.
Scooped by interpreter
Scoop.it!

Miscarriages of justice are devastating for those involved - now's the time to push for change

Miscarriages of justice are devastating for those involved - now's the time to push for change | Legal interpreting | Scoop.it

A new cross-party group of parliamentarians was launched this month with the mission of improving the lot of the wrongly convicted.
"Miscarriages of justice have a truly devastating consequence for those who are convicted," said its chair Barry Sheerman, Labour MP for Huddersfield. "When they happen the state has to ensure there are quick and effective mechanisms in place to correct them. Currently those obligations aren't being met."

more...
No comment yet.
Scooped by interpreter
Scoop.it!

Shambles in Court «

Shambles in Court « | Legal interpreting | Scoop.it
As qualified interpreters stop working for the courts, standards keep slipping – yet more evidence, if it were needed, that outsourcing doesn’t improve services. (Whether the administration of justice should be considered a service, and interpreting an overhead, is another question.) Technological advances may one day make human interpreters obsolete, but the robots can’t yet deal with such formulations as ‘attempted battery, or the threat thereof’. Meanwhile, the government is keen for every UK resident to learn English (preferably at their own expense).

‘The obligation of the competent authorities is not limited to the appointment of an interpreter,’ the ECHR says, ‘but … may also extend to a degree of subsequent control over the adequacy of the interpretation provided.’ When asked what will happen to the right to interpretation and translation in courts after Britain leaves the EU, the MoJ said it ‘will not be providing a running commentary’.
more...
No comment yet.