INTERPRETATION AND TRANSLATION IN CRIMINAL PROCEEDINGS - IRELAND - ERA conference Procedural Safeguards in the EU, Riga, 15- 16 February 2018

INTERPRETATION AND
 TRANSLATION IN CRIMINAL
  PROCEEDINGS – IRELAND

ERA conference Procedural Safeguards in the EU, Riga, 15-
                   16 February 2018
  Co-funded by the Justice Programme of the European Union 2014-2020

Constitution of Ireland – Legal basis of a Right to a Fair Trial (Article 38) and Personal
Rights (Article 40) - http://www.irishstatutebook.ie/eli/cons/en/html

Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010
on the right to interpretation and translation in criminal proceedings
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:280:0001:0007:en:PDF

Transposition - Express rules for persons under arrest:

Statutory Instrument No.564 of 2013 European Communities Act 1972 (Interpretation and
Translation for Persons in Custody in Garda Síochána Stations) Regulations, 2013
http://www.irishstatutebook.ie/eli/2013/si/564/made/en/print

Statutory Instrument No.565 of 2013, European Communities Act 1972 (Interpretation and
Translation in Criminal Proceedings) Regulations, 2013,
http://www.irishstatutebook.ie/eli/2013/si/565/made/en/print

Interpretation:
Police Station – decision taken by Member in Charge on request or own initiative
Court – decision taken by Judge on request or own initiative

Translation :
Police Station – Documentation setting out the accusation(charge sheet), conditions of
provisional release (recognisance) and arrest warrant – if any - to be translated “as
soon as practicable.” Oral translation pending written.

Court – Oral translation of conditions of provisional release (recognisance) or
document committing to custody (warrant). Written translation directed by Judge “if
essential in the interests of justice”

Challenges to decisions on provision of interpretation/translation:
No specific mechanism – established possibilities – Judicial Review/challenge to
admissibility of evidence at trial/appeal where a court proceeded to trial without
necessary interpretation/translation

Costs:
Police Station – Police bear cost
Court – Courts Service bear cost
Where separate interpreter for Lawyer-client consultation – Legal Aid

Quality

Police Station – “7. (1) An arrested person may make a complaint about the quality of the
interpretation provided.
(2) Where a complaint is made, the member in charge shall investigate the matter and take
such steps as he or she considers appropriate in the circumstances including, where
appropriate and practicable, arranging to replace the interpreter. In deciding what steps to
take he or she may consult, where appropriate, with other members, the solicitor for the
arrested person and the interpreter.
(3) The member in charge shall note in the custody record the making of such a complaint
and the actions taken by him or her on foot of it”
http://www.irishstatutebook.ie/eli/2013/si/564/made/en/print

Court – “7. Where the Court, of its own motion or on application by any of the parties to
the hearing, considers that the interpretation being provided is not of such a quality as to
ensure that the person before it can effectively exercise his or her right to a fair trial, it may
direct that the interpreter be replaced.”
http://www.irishstatutebook.ie/eli/2013/si/565/made/en/print

Quality

Services outsourced – provided by private contracted companies under a
government framework contract.
https://irl.eu-supply.com/app/rfq/publicpurchase.asp?PID=94658

Tender documents require monitoring of quality and audits

Criticisms by Irish Translators and Interpreter’s Association (ITIA)
http://translatorsassociation.ie/

“Translation and interpreting are unregulated in Ireland, which means that anyone
who speaks English and another language can call themselves a translator or an
interpreter. The Courts Service and the Garda (Irish police) have outsourced
recruitment to companies and have set very low standards for interpreters, whose
interpreting ability is not assessed in any way and who attend one-day ‘training
courses’.
http://www.translatorsassociation.ie/component/option,com_docman/task,cat_view/gid,28/limit,13/limitst
art,0/order,date/dir,DESC/Itemid,16/

Confidentiality

Police Station
The Irish Police Code of Practice on Access to a Solicitor
“The guidelines for use of an interpreter by a suspect’s solicitor is provided for in the following
document which is available on the Garda Portal “A Guide for members of An Garda Síochána using
Interpreters and Translation during Criminal Investigations.” In this respect, the interpreter being
used by An Garda Síochána to interview a suspect can be used by the suspect’s solicitor to assist in
the giving of legal advice. If the suspect and/or solicitor object to the use of the interpreter, the
suspect/solicitor will be advised to make their own arrangements for an interpreter. An Garda
Síochána will provide a reasonable opportunity for a further interpreter to be located. If no
interpreter is present and a solicitor is of the opinion that one is required in order to facilitate the
giving of legal advice, then that solicitor must arrange for the interpreter to be present.”
https://www.garda.ie/en/About-Us/Publications/Policy-Documents/Code-of-Practice-on-Access-to-a-Solicitor-by-
Persons-in-Garda-Custody.pdf

Court – “6. The role of the interpreter and the manner in which it is carried out in each
case shall be as directed by the Court” http://www.irishstatutebook.ie/eli/2013/si/565/made/en/print

Contracted companies confidentiality policy and code of conduct e.g.
https://www.translation.ie/about-us/confidentiality-policy.html

ITIA Members - Codes of Practice and Professional Ethics
http://translatorsassociation.ie/component/option,com_docman/task,cat_view/gid,21/Itemid,61/

CONTACT DETAILS :

Tricia Harkin
Senior Principal Prosecutor
Office of the Director of Public Prosecutions
Telephone - 00353 1 8588500
E-Mail - tricia.harkin@dppireland.ie