When a person, who does not speak the local language, first comes into contact with the criminal justice system, the very first thing that needs to be determined in order to communicate with him is whether the person needs the assistance of an interpreter or not. IF the person has zero knowledge of the local language, that question is not difficult to answer. If he speaks a few words but not much, the answer is also simple.
However, for a person who can communicate in his/her daily life in the local language but their level might not be good enough to follow court procedures and debates, the question is more complex. In most jurisdictions I have studied, it seems like this question is answered subjectively by whoever is tasked with that duty that day and there is no standard language proficiency test or a level that has been demarcated to be the minimum needed to refuse the services of an interpreter.
I would like to know if in the USA and in other countries, a standard test or procedure exists to test the language proficiency of the accused/witness/victim for whom the local language might be their second language.
Thanks!
Yes, in Pakistan, the courts have provisions to ensure the right to a fair trial, which includes the assistance of interpreters when needed. While there is no singular "standard procedure" codified across all courts, the general framework for determining the need for interpreters is guided by principles of justice and provisions within laws like the Code of Criminal Procedure (CrPC), 1898, and the Constitution of Pakistan, 1973.
Key Points on Interpreter Provisions:
This procedural flexibility ensures linguistic barriers do not impede justice. However, the practice may vary depending on the jurisdiction, the nature of the case, and available resources.
Hello, as far as Italy is concerned, defendants have the right to be assisted by an interpreter. The assessment of knowledge of the Italian language is carried out by the judicial authority. Knowledge of the Italian language is presumed until proven otherwise for those who are Italian citizens.
The suspect would be given access to an interpreter if they have any difficulty understanding English. This is necessary not only to ensure fair legal proceedings but to combat the frequently encountered 'convenient inability' to speak English
Patrizia Giampieri : Thanks for the answer. If I understand correctly, the judicial authority determines the need for an interpreter in a completely subjective manner? There is no language test or procedure to ascertain if the person's level in Italian is sufficient to follow the procedure/defend himself etc. right?
Swati Sengupta there is no language test. The defendant is asked whether s/he understands Italian and then if s/he says no, an interpreter is appointed. Art 143 (4) of the Code of criminal procedure.
In France, from what I have seen, if there is a person who speaks a bit of French but has difficulty in expressing himself and/or cannot follow proceedings, it depends on his lawyer if an interpreter was asked for and present during the trial. But judges usually don't like this situation and prefer speaking directly to the person in question, even if his French is rudimentary. Patrizia Giampieri In Italy, a person who can speak a little bit of Italian, enough to communicate in his daily life but wants an interpreter in court, would he get one assigned or refused? In theory and in practice? Thanks!
Swati Sengupta : if a person asks for an interpreter, s/he is given one at the expenses of the Government. His/her language knowledge is not assessed. If s/he asks for it, s/he will have it.
As far as Greece is concerned, the situation is similar to what happens in Italy. Because I am a translation scholar, I can assure you that there is not such a test or such an assessment anywhere.
- Badges
- Science topic
- Similar topics
- Phytochemistry
- Extracts