Provision of Interpreters

The following guidelines (by way of instructions for prosecutors and the Witness Assistance Service (formerly the Victim Support Unit)) shall be adopted when dealing with Aboriginal witnesses in the court system:

1. Prior to hearing, witnesses should be assessed, in conjunction with the Witness Assistance Service, as to whether they require 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.

2. When engaging an interpreter, the interpreter must be informed of the following:

• name of the witness(es) to be assisted
• name of defendant
• type of crime.

This information will enable the interpreter to advise of any possible cultural conflicts that could arise. Where there is a conflict, another interpreter should be used.

3. Where possible, the witnesses should be advised prior to the hearing of the name of the interpreter to be used.

If there is an indication of conflict another interpreter should be used.

4. Upon engagement of an interpreter their services must be used, unless there is a justifiable reason for not doing so.

Policy and Procedures for Witnesses, Interpreters and Translators