Frequently Asked Questions
What service do I need?
BSL is British Sign Language & SSE is Signed Supported English. Both are visual communication mediums for Deaf people and it is best to check which your client requires.
Interpreting is the real-time transmission of spoken English into a BSL or vice versa. Translation is the transmission of written English into BSL or vice versa. Translation can be done in real time or can be done ahead of time, filmed to camera and shared with the deaf person. This may be useful for translating written legal documents, position statements, reports, etc. into/from BSL.
It is best to check with your client what their preferred method of communication is as not all deaf people use sign language. Some deaf people, usually if they became deaf later in life, prefer to rely on lip reading or the English written text. In which case you would need to book a ‘Lip Speaker’ for any interactions or possibly a ‘Speech To Text Reporter (STTR) who will type verbatim, in real time, spoken words into text and by using technology the user can read what is being said on their device. Usually users of lip speakers and STTRs will respond orally using their own voices.
Take a look at our Deaf Relay interpreter page for more detailed information.
A Deaf Intermediary is a deaf professional who is registered with the Ministry of Justice (MoJ) and their role is to ensure that a vulnerable deaf defendant or witness understands the legal process, the roles of the professionals involved and the court proceedings. As this professional is Deaf they are able to communicate directly with Deaf defendant or witness using Sign Language negating the need for a third party (a BSL interpreter) in their work.
An intermediary assessment may be requested at court depending on the vulnerability and needs of the deaf witness. Once this request has been granted a Deaf intermediary will conduct an assessment of the Deaf defendant or witness and issue a report to the court explaining how best to conduct proceedings according to the needs identified. This report can also form the basis of any recommendation to the court for Special Measures.
During the court hearing, the intermediary will ensure the Deaf defendant or witness understands everything that the court interpreters are relaying to them during the proceedings. They may also use additional ways to communicate what has been said, such as using drawings, figurines or other tools depending on need. The intermediary will also highlight any other significant issues throughout the hearing to the court
It is best to ask your client what communication support they will need. Some deaf people may choose to use lip reading in some settings and BSL interpreters in other settings. However some deaf people who lipread cannot sign, so it is always best to check for individual needs. If they prefer lip reading they may need a lip speaker. (See above under ‘My client is deaf but does not use Sign Language, how can we communicate?’)
You may need an expert to give evidence about the nature or quality of a BSL interpretation. BSL legal experts are able to advise on the fidelity of BSL police interview transcripts and the quality of police and court interpreters. The overriding duty of an expert witness is to provide independent, impartial and unbiased evidence to legal advocates and/or the courts by way of an Expert Report. Expert witnesses should be engaged based on their knowledge, experience, professional status and legal expertise.
BSL is British Sign Language and our hearing BSL interpreters predominately work between English and British Sign Language (although there may be some exceptions to this, if the interpreter knows another sign language). You would need to check which sign language your client uses. If they do not use British Sign Language and use a different sign language we may still be able to help. You may need to book a Deaf relay interpreter alongside a hearing BSL interpreter for any interactions you have with them.
Using the interpreter
Yes, depending on the client and nature of the booking, you can. Speak to the interpreter of your choice and talk through the options specific to your case. In the majority of cases BSL interpreters can work remotely using video conferencing software such as ‘Zoom’ to take instructions. However, this may not be appropriate for all interactions and it also depends on the needs of your client; for example if they have cognitive or visual impairments, a face to face appointment would be best.
You will need to speak to your booked interpreter regarding the services that they can provide. Translating documents can be done by a Deaf or Hearing BSL interpreter. Please be aware that translation can take a considerable amount of time, depending on the length of the document, and so the interpreter may need to be notified in advance if this is the service you require.
It would be useful to notify the interpreter if there are any participants with specific needs within a booking as the interpreter may be able to advise you of any additional support you may need in place. For example if the client has a cognitive impairment or learning need the interpreter may be able to advise you on the best steps to take to ensure the booking can run as smoothly as possible.
Also some specific needs may impact on how the interpreter delivers their service, i.e. if your client has a visual impairment the interpreter may need to consider their clothing choices.
Yes, you can. Take a look at the range of interpreters we have available within the network and contact the interpreter of your choosing.
All the interpreters within the network are freelance professionals and will set their own fees on a ‘per job’ basis. For general guidance on industry standards for fees you could expect to pay for an interpreter, take a look at the National Union for BSL Interpreters (NUBSLI). Please bear in mind the fees are guidance fees and interpreters fees may vary depending on the job.
The police are responsible for providing interpreting services to Deaf people requiring access to police services.
In criminal cases the courts are responsible for providing interpreters for Deaf defendants. Witnesses for the prosecution who require interpreting services will come under the Crown Prosecution Service. If a defense team requires interpreters for witnesses in their case, they will be responsible to cover the costs.
The defense is responsible to provide and pay for their own interpreter for client conferences and ‘out of court’ discussions with their client. This is usually funded by the Legal Aid Authority and in some cases the court may agree to cover these costs.
In Family Law cases the interpreters MAY be provided by the courts depending if it is a Public or Private law case. This will need to be discussed and agreed by the court.
At Court
Depending on the length and nature of the proceedings, 2 or 3 interpreters may be required. Trials or final hearings of any length, where evidence will be given, will absolutely need at least 2 in-court interpreters. This is because interpreting efficacy degrades after about 40 minutes of continuous processing. Best practice is to have at least 2 interpreters for anything listed for over an hour. This will ensure a high level of accuracy for the proceedings.
The team of interpreters will co-work so that mental fatigue does not happen and any interpreting errors are picked up on and clarified.
Please speak to one of our members for specific guidance about your particular case.
The in-court/proceedings interpreter’s duty is to the court, to interpret everything said within the court for the court. They are unbiased and should be seen to be unbiased especially when there are conflicting parties. For this reason it is sometimes inappropriate for the in court interpreters to be used for consultations outside of court. Parties may feel the interpreter is no longer neutral having been party to counsels instructions. In some instances, information disclosed during instructions, can cause a perceived conflict of interest and may impact on the matter being dealt with.
In addition to this, interpreters working within court are unable to provide discrete instructions for clients to their solicitors or vice versa. British Sign Language is a visual language and so therefore the interpreters do not sit next to their client, but opposite them. This does not allow for information to be relayed from clients to their advocates or vice versa during proceeding privately without the court proceeding halting, so that the interpreter can move, to facilitate these instructions taking place.
It is recommended that counsel has their own interpreter sit in court next to their client and listen to proceedings. The interpreter can be on hand in case any instructions need to be taken from your client during proceedings and if your client has anything that they would like to say to you. As English is often difficult for deaf clients, it can’t be relied upon that they can give written instructions. Interpreting privileged instructions is something the court appointed interpreters won’t be able to assist with.
Further, the interpreter for counsel will be monitoring the court appointed BSL interpreters to ensure that there are no misinterpretations, which is especially important during any evidence given. If there are any issues with the interpretation within court, the interpreters for counsel will be able to raise this. Additionally, the interpreter will be able to give general advice and information about BSL, communication and the interpreting process.
At the Police Station
The answer to this is no, other than in very exceptional circumstances where arrangements have been agreed by the court. The reason being that the police interview may be used as evidence in court and if there were any issues with the quality of the interpretation during the interview, it would be inappropriate for the same interpreter to be acting in court.
The PACE Code F paragraph 3.1 (d) suggests it would be appropriate for interactions “with, or in the presence of, a deaf or deaf/blind or speech impaired person who uses sign language to communicate” to be visually recorded.
This is because an audio recording of a police interview is not evidence of what the Deaf person said as it only records the interpretation of what has been said. If there were any issues with the interpreter or interpretation you cannot be confident that the recording is an accurate representation of what was actually said in the interview.
The video taped recording of the interview should capture both the interpreter and the deaf person on camera capturing the signed utterances of both parties. This video recording can then later be used as evidence of what was said and can also be reviewed if there are any concerns regarding the quality of interpretation.
Your rights
Yes, it is usually preferable for all parties that the same interpreter is used for all meetings for ease of continuity and prior knowledge of events/the case. Also trust and rapport is built between all parties and makes communication more efficient.
If you do not understand the interpreter please raise this with the solicitor/counsel. It is important that you are comfortable with the interpreter booked and that you understand each other.
Complaints procedure
What if I am not happy with my interpreter, can I complain?
Yes, you can complain to one of the regulatory bodies for BSL interpreters, NRCPD and RBSLI. They both have a complaints procedure and you should check which regulatory body the interpreter is registered with via their websites; you can then lodge a complaint with them.