15 |
Interpreters |
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| 15.1 |
Care must be taken to ensure that every prosecution witness who needs an interpreter to testify has an appropriate interpreter. |
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| 15.2 |
Assistance may be offered to locate an appropriate interpreter for the defence. |
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| 15.3 |
When dealing with Aboriginal witnesses in the court system, prosecutors and the Witness Assistance Service must : |
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(1) |
prior to hearing, assess whether a prosecution witness, requires the assistance of an interpreter. It is to be noted that although most Aboriginal witnesses speak some English, they may not be competent in court. Interpreters should be used when English is not the first language of the witness. When required, interpreters should be used for pre-trial consultations as well as court proceedings; |
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(2) |
when engaging an interpreter, inform the interpreter of the following: |
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(a) |
the name of the prosecution witness(es) to be assisted; |
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(b) |
the name of offender; and |
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(c) |
the type of crime. |
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This information will enable the interpreter to advise of any possible cultural conflicts that could arise. Likewise, prosecution witnesses should be advised prior to the hearing of the name of the interpreter to be used. Where there is a conflict, another interpreter should be used. |
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| 15.4 |
Upon engagement of an interpreter his or her services must be used, unless there is a justifiable reason for not doing so. |