LEGAL The role of the Interpreter v0.1 200921

BRITISH SIGN LANGUAGE The role of the court Interpreter Impartiality Although we share the language of deaf defendants and witnesses, we are not partial in any way, nor are we speaking on behalf of deaf people. As professional court interpreters, we are completely impartial. Interpreting Interpreting is not an exact science; it involves individual judgement and, as it is the meaning of the message that is conveyed, it is not possible to relay everything verbatim. However, we will always strive to closely match the witness's choice of vocabulary. Difficulties Difficulties occur when words or phrases are used which do not have a direct British Sign Language (BSL) or a direct English equivalent. For example, 'vehicle', 'attack', 'weapon' and 'assault' are all umbrella terms which can be difficult to sign accurately without knowing specifically what is being referred to. In the examples 'attack' or 'assault', general signs may be used but invariably these do not distinguish between the verbal and physical actions. A common strategy used by interpreters to solve such problems of visual ambiguity is to offer a series of alternatives such as 'punch', 'slap' or 'kick' to convey the concept of assault. Clearly, such methods are not acceptable in a court of law where this may lead, mislead or confuse. British Sign Language is also a spatial language where the form taken by the signed interpretation will be influenced by the spatial layout. The layout of buildings, roads, furniture, general geography, objects and people must reflect their visual reality to be an accurate interpretation. For example, in English \"the two cars crashed\" will in BSL, be influenced by whether the cars crashed head-on, side-on, the strength of impact, etc. “Did you use the stairs?” requires knowledge of whether the intent of the question is that the person went up or down the stairs. Interruptions Therefore with the court's permission we may need to interrupt the proceedings from time to time to clarify the problems of visual or spatial ambiguity, or to ask for guidance when complex legal terms, jargon or words with no direct equivalents are used. Contrary to expectations, interruptions, which by their very nature are obtrusive and generally viewed as something going wrong, are in fact an indication that the interpreter is demonstrating responsibility in checking and ensuring that an accurate as possible interpretation is being rendered. It indicates a competent interpreter. Monitoring and Support However competent an interpreter may be, the possibility of human error does exist. To minimise this risk, we shall be monitoring and supporting each other's work. This is a vital safeguard to recognise the difference between a finely judged question of interpretation and a genuine and potentially significant mismatch between the original and the interpreter's rendition. Page 1 of 2

We shall also alternate at roughly 20 minute intervals so we shall be moving from our positions in the courtroom and occasionally taking breaks outside the courtroom. Position of the Interpreters BSL is a visual language and therefore clear lines of sight are necessary. Interpreters will need to position themselves opposite the defendant and/or witness in order to gain appropriate eye contact. Dependant on the layout of the courtroom, often the best position for the interpreters is on the bench as this affords both the deaf person and the interpreters an uninterrupted view. It also ensures that the jury’s view of the witness is not interrupted by the interpreter. If the interpreters believe that this is the best position, they will make the request via the court clerk. The Witness Oath Deaf people are often unfamiliar with court procedure and it is our experience that the taking of the witness oath can cause particular difficulties. The interpreters will usually try to ascertain how the deaf person wishes to communicate when they take the oath, i.e. to read the card and speak, to read the card and to sign it or to have the oath given to them in BSL and for them to repeat it in BSL (in much the same way as a hearing person repeats the oath). Any signed utterance will be voiced by the interpreter. If the witness opts to use BSL, they may prefer to have both hands free to do so. Many courts allow the witness to simply take The Book in their right hand and then place it down in front of them before taking the oath. This is culturally appropriate; signing whilst holding something is considered informal. Matters of Law Deaf defendants should be afforded the same access to court proceedings as any other person, including all matters of law. If the court wishes to exclude the defendant or the witness from any dialogue, they should be asked to leave the courtroom. Interpreters should not be asked to refrain from interpreting when a deaf person is present. Terminology The term ‘deaf and dumb’ is considered to be offensive to most deaf people, who prefer to simply be referred to as ‘deaf’. Cross Cultural Mediation Occasionally an issue may arise which is particularly specific to the deaf community, i.e. the way BSL uses ‘name signs’ to identify people. Invariably deaf people use a specific name sign which characterises the person, or they may refer to them by their initial/s. Similarly, street names are often initialized. It is not unusual for deaf people to be unaware of the ‘English’ equivalent. Unless the interpreter has knowledge of the person or place, they will not be able to give the English equivalent. Where this happens, the interpreter will either voice the initial/s or advise the court that a specific name sign is being used of which they have no knowledge. © G. Ogborn & S. Nicholson (1998)