language rights in the court
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Language Rights in the Court. Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller. All persons in court are entitled to:. Be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him - PowerPoint PPT PresentationTRANSCRIPT
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Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller
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All persons in court are entitled to: Be informed promptly, in a language which he
understands and in detail, of the nature and cause of the accusation against him
Have free assistance of an interpreter if he cannot understand or speak the language used in court
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The Interpreter Language mediator
Compared to “nothing short of a machine”
Must be unbiased
Judge obliged to ensure interpreter acts correctly
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The Translator Different skills to an interpreter
Applies to written documents
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The plea is uninformed if the defendant has not fully understood the nature of the case
to which he is pleading.
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Hearing or Speech Impairments Hard of hearing or speech impaired are
entitled to a qualified sign language interpreter or lip speaker
The court should appoint these aids and cover any costs
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Issues with Language Rights in the US 32 million people in the US whose primary
language is not English
Many court-ordered rehabilitation programmes are unable to accommodate non-English speakers
Several cases where unqualified interpreters are used
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Issues in North Carolina Interpreters not provided for first appearances
Confusion over who benefits from an interpreter
Interpreters not provided in small claims court
Often reliant on volunteer interpreters
Lack of interpreters leads to delays
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Language Rights for Children Since June 2011, additional support is given
automatically
Age, level of maturity, intellectual ability and emotional state should be taken into consideration
Environment should be modified where possible
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In order to participate effectively in a trial, a child needs to comprehend the charges and
possible consequences and penalties.
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Case Study 1 11 year old boy accused of stealing in the UK
Found to have a significant learning disability
Social worker support
Frequent breaks
However, did not fully understand the court process and expected to return home after the trial
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Case Study 2 Boy with ADHD, originally not given extra
support
However, a psychiatrist argued that this would enable a fair trial
Earlier decision reassessed
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Finish