Sign Language interpreters & Translators for the Legal domain
Resources: For Sign Language Interpreters
Interpreter Oath and Affirmation:
The Interpreter’s Oath
I swear by [Allah / Almighty God] that I will well and faithfully interpret and true explanation make of all such matters and things as shall be required of me according to the best of my skill and understanding.
The Interpreter’s Affirmation
I do solemnly declare that I will well and faithfully interpret and true explanation make of all such matters and things as shall be required of me according to the best of my skill and understanding.
Oath or Affirmation for BSL Interpreter working with a deaf jury member:
BSL Interpreter Oath
“I swear by [Allah / Almighty God] that I will faithfully interpret all such matters and things as shall be required of me according to the best of my skill and understanding. I will enable communication among the jurors so that all may discharge their duties and I will not interfere in, influence or disclose the deliberations of the jury.”
BSL Interpreter Affirmation
“ I do solemnly, sincerely and truly declare and affirm that I will faithfully interpret all such matters and things as shall be required of me according to the best of my skill and understanding. I will enable communication among the jurors so that all may discharge their duties and I will not interfere in, influence or disclose the deliberations of the jury.”
Source Material: PART 26 JURORS
Interpretation for a deaf juror
26.6.—(1) This rule applies where under section 9C of the Juries Act 1974([a]) the court appoints one or more British Sign Language interpreters to enable a person who is deaf to act effectively as a juror.
(2) Each such interpreter must take an oath or affirmation in these terms, or in any corresponding terms that the interpreter declares to be binding on him or her—
“I swear by Almighty God [or I do solemnly, sincerely and truly declare and affirm] that I will faithfully interpret all such matters and things as shall be required of me according to the best of my skill and understanding. I will enable communication among the jurors so that all may discharge their duties and I will not interfere in, influence or disclose the deliberations of the jury.”
([a]) 1974 c. 23; section 9C was inserted by section 196 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32)
Accessing free Wi-Fi in Court buildings:
How to register and access free nationwide wifi access in public buildings.
Court visitors and professional users can text “GO” to 07537 417417 to set up a GovWifi account.
Once an account has been set up it can be used at any GovWifi-enabled location. If a location you are visiting is using GovWifi it will appear as an available network to connect to on your device, and if your device is set up to connect automatically it will do so.
If you have problems setting up the GovWifi account or connecting to the network please contact the helpdesk on 0845 600 6909.
Sample script for sign language interpreters who are asked to explain the need for an independent/different interpreter for out-of-court consultations:
Experienced legal sign language interpreters have shared this sample script with BSL legal. They have found it to be an effective way of explaining to the court why an out-of-court interpreter is needed when proceedings interpreters are already available.
“In simple terms, I have been instructed by the court as a proceedings interpreter. While I want to be as helpful as possible, I must be seen to be following the guidelines handed down to me by both my professional association and the Ministry of Justice.
May I direct your attention to the note on my booking confirmation, which states [read]."
You can find other information that may be helpful to you by visiting the BSL Legal website and clicking on the FAQ section.
What are the benefits of counsel having their own interpreter in court
Why can’t we use the proceedings/court interpreter for our consultations outside of the court
Who pays for the interpreter
Useful references for interpreters working in court:
Main reference source: Advocates Gateway
Par. 6.4 bullet 3
The court has a responsibility to book appropriately qualified and registered SLIs in cases with deaf witnesses and defendants. The established guidelines on booking court interpreters are designed for the spoken language interpreting and do not fit with BSL interpreting requirements. For example, the general interpreter guidelines require separate interpreters for the defendant (known as court interpreters) and for CPS witnesses, i.e. the court interpreter will sit with the defendant in the dock providing a whispered interpretation.
However, BSL is a visual language and therefore all parties can watch the same interpreter, avoiding duplication of the interpreting service when both the defendant and the witness(es) are deaf. For this reason, rather than working separately, as court and CPS foreign language interpreters are necessarily required
to do, the BSL interpreting service is best served by having two/three interpreters working (solely) ‘for the court’ and a separate interpreter for the deaf defendant. The court interpreters will interpret everything that is discussed within the courtroom and the defence interpreter will interpret all legally privileged information outside of court. No extra interpreters are required by the CPS unless there are numerous deaf witnesses and an interpreter is required in the Witness Service room.
Par. 6.5 bullet 3, 4
Where there is a deaf defendant, as has been described above, the defence team will need to ensure they have their own defence team interpreter to interpret legally privileged information and consultations out of court. The defence interpreter will also be able to offer linguistic and cultural advice to the defence team.
Expert interpreters, court interpreters and/or deaf RIs are the best people to advise on how many interpreters will be needed for each preliminary hearing and/or the trial.
Additional reference material
Separate SLI for Applicant/Witness
Par. 6.4 bullet 3
The court has a responsibility to book appropriately qualified and registered SLIs in cases with deaf witnesses and defendants. The established guidelines on booking court interpreters are designed for spoken language interpreting and do not fit with BSL interpreting requirements. For example, the general interpreter guidelines require separate interpreters for the defendant (known as court interpreters) and for CPS witnesses, i.e. the court interpreter will sit with the defendant in the dock providing a whispered interpretation.
However, BSL is a visual language and therefore all parties can watch the same interpreter, avoiding duplication of the interpreting service when both the defendant and the witness(es) are deaf. For this reason, rather than working separately, as court and CPS foreign language interpreters are necessarily required to do, the BSL interpreting service is best served by having two/three interpreters working (solely) ‘for the court’ and a separate interpreter for the deaf defendant. The court interpreters will interpret everything that is discussed within the courtroom and the defence interpreter will interpret all legally privileged information outside of court. No extra interpreters are required by the CPS unless there are numerous deaf witnesses and an interpreter is required in the Witness Service room.
Par. 6.5 bullet 3, 4
Where there is a deaf defendant, as has been described above, the defence team will need to ensure they have their own defence team interpreter to interpret legally privileged information and consultations out of court. The defence interpreter will also be able to offer linguistic and cultural advice to the defence team.
Expert interpreters, court interpreters and/or deaf RIs are the best people to advise on how many interpreters will be needed for each preliminary hearing and/or the trial.
Deaf Relay
Par. 6.5 bullet 1 (additional needs)
In all matters other than the trial, it is usually necessary to book one BSL interpreter (plus a deaf relay or Deaf RI where there are additional linguistic or mental health difficulties) for the court. A second interpreter will be required to interpret for the defendant in conference and for privileged information outside of court.
Two interpreters for a Trial
Par. 6.5 bullet 2
In a trial BSL interpreters usually work as a team of two or occasionally three. Three interpreters are only required where the defendant is deaf and the trial is estimated to last for more than five days, or if there is a deaf defendant and deaf witnesses, or if there are exceptional difficulties. When there are three court interpreters, one person will be actively interpreting, the second monitoring/assisting and the third resting. The cognitive demands of interpreting are such that after around 30 minutes of continuous interpreting accuracy tends to deteriorate, hence the team approach. The team of two/three court interpreters will be responsible for interpreting everything that is discussed within the courtroom.
“Monitoring” interpreters
Par. 6.9
There are several difficulties for the court in working with BSL, not least that there is no ability for the court to monitor the interpretation process. This is problematic for the deaf person as they are unable to monitor how they are being represented by the voice- over of the interpreter and problematic for the courts in areas of dispute over interpretation. There are various options available to allow greater transparency and improve the ability of all parties to challenge the interpretation. However competent an interpreter may be, the possibility of human error does exist. To minimise this risk:
the court interpreters will monitor and support each other’s work;
the interpreter working with the deaf person’s legal team can monitor the court
interpretation process and alert the advocate to any concerns;the use of a Deaf RI will help to ensure that the deaf person understands and the accuracy of interpretation is monitored – the Deaf RI alerting the court to any difficulties. An intermediary who is deaf will be accompanied by their own interpreter who will provide a ‘back translation’ of what is interpreted;
in the case of a deaf witness or victim, the defence team may employ an expert interpreter to monitor the interpreting process or the court may consider employing an expert interpreter to monitor the process.;
the court may consider video-recording the evidence of a deaf person. Not only would this allow for challenges of interpretation but also provide a first-hand recording of evidence which is currently not available (the audio-recording of the interpreter is not a recording of the original signed evidence). This matter was raised in the case of R v IA and Others [2013] EWCA Crim 1308 at the Court of Appeal. It was noted that the fact that the evidence was not able to be videoed was related to the limitations of technical equipment at court Visual recording of the evidence of deaf witnesses and defendants was achieved in a first instance case H and Another at Snaresbrook Crown Court in June 2014.
A cameraman from the deaf television company Remark! filmed the testimony. The footage was available for checking in the event of any dispute as to what had been said. At the end of each court sitting, the recording was transferred to a disc which was sealed and signed by counsel and the officer in the case. This was then placed
on the court file. Many deaf witnesses and defendants feel more comfortable knowing that testimony is being visually recorded and the interpretation can be checked.
Par. 6.9 bullet 1-3
the court interpreters will monitor and support each other’s work;
the interpreter working with the deaf person’s legal team can monitor the court
interpretation process and alert the advocate to any concerns;the use of a Deaf RI will help to ensure that the deaf person understands and the accuracy of interpretation is monitored – the Deaf RI alerting the court to any difficulties. An intermediary who is deaf will be accompanied by their own interpreter who will provide a ‘back translation’ of what is interpreted;
Position of Interpreter in Courtroom
Par. 7.1
The court may need to allow adjustments to facilitate communication. The visual nature of sign language means that deaf people need a clear unobstructed line of sight to the interpreter, who needs to be positioned at least one metre in front of the deaf person. It is not possible for the interpreter to sit next to the deaf person. Someone who is slightly deaf but still relies on residual hearing or who has a hearing in one ear may require some adjustments to the courtroom to facilitate hearing. In H and Another, deaf defendants sat in front of the witness box (as opposed to the dock) when the co-defendant gave evidence in order to ensure that the defendant was provided with the clearest possible view of the co-defendant’s signing.
Use of Non-Generic Signs
Par. 7.6
There are general terms which are difficult to convey due to the visual nature of BSL.
Use of specific, descriptive words assists accurate interpretation. For example, there are signs for knife, gun, axe or baseball bat, all of which look different in BSL, but no generic sign for the superordinate term ‘weapon’. Similarly, there is no general sign for ‘assault’ which needs to be put into context. When the questioner uses a general term, the SLI may:
finger-spell the word (e.g. ‘weapon’) – however, there is a risk that the deaf person will not understand the vocabulary or have sufficient facility in English to understand the spelled word even if they understand the concept.
ask the court to specify what is meant in order to create a visual picture (e.g. the type of weapon or assault), in order to avoid a leading interpretation – although, this, of course, may not be desired by the questioner;
change the question into a forced choice e.g. ‘Did you have a weapon?’ may become ‘Did you have a knife or gun?’ This is problematic, not only because the court may be unaware of the altered question but also because the deaf person may answer ‘No’ since they did not have a knife or gun but did have a baseball bat.
(Note that for Police Interviews PACE Code F refers to video-interviewing Deaf suspects/witnesses).
Sentencing council guidelines (2021)
A to Z search facility which lists offences, which Act they come under, definitions and the sentencing options available.
How should I address the judge?
Call me ‘Judge’… ‘Sir or Madam’ will no longer be appropriate
How do you address a judge in court? Top judges are addressed as My Lord or My Lady. Most circuit judges are addressed as Your Honour. Until recently some of the most junior judges in England and Wales were simply called Sir or Madam. That’s all changed. From now on any judge in one of the following categories is to be addressed simply as Judge:
– Upper Tribunal Judges
– Judges of the Employment Appeal Tribunal
– District Judges
– District Judges (Magistrates Courts)
– First-Tier Tribunal Judges
– Employment Judges
Why? According to the lord chief justice and the senior president of tribunals, “The move away from Sir or Madam involves modern and simple terminology, reflecting the important judicial roles whilst maintaining the necessary degree of respect. We also hope this change in language will assist litigants-in-person involved in court and tribunal proceedings.
You should still address lay magistrates as Sir or Madam. If you are not sure which is appropriate, try Your Worship. That also works as a collective: Your Worships. Many magistrates will tell you they have been addressed as Your Holiness by confused defendants or those hoping for a more benign sentence.
And Sir or Madam remains appropriate for lay members of a tribunal. High Court registrars should be addressed as Registrar, which is inconsistent and a bit harder to say.
These changes apply only to how judges are addressed in court or at tribunals. It does not affect judicial titles..
Country BSL signs resource.
A useful resource for reminders of signs for specific countries and regions. A starting point for researching a country sign for sign language interpreters.
Go to external website (signing lion)
Go to external website (Tallis school resource bank)
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