OFFICIAL - PUBLIC
Regional Interpreters
Standard Operating
Procedure
Version Date and 15th January 2020 Version number Version 1 (of this version)
Linked Policy No / Name. -
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Section 1 Introduction Section 2 Interpreting Services Available 2.1. Language Line 2.2 NRPSI 2.3 Interpreters for Deaf people and people with Speech difficulties Section 3 Considerations and planning Section 4 South West Regional Interpreting fees 4.1 Face to Face 4.2 Mileage 4.3 Cancellation fee 4.4 Written Translation Section 5 How to engage an Interpreter 5.1 Language Line 5.2 National Register Public Service Interpreters Section 6 Considerations prior to interview of detainee or witness Section 7 Commencing and undertaking the Interview Section 8 Witness Proforma Statements Section 9 Post Interview Procedure Section 10 Obligations and Payment when engaging an Interpreter 10.1 Fees 10.2 Cancellation Policy 10.3 Interpreters required for court Section 11 Complaints Procedure Section 12 Monitoring / Feedback Section 13 Consultation / Quality Assurance / Authorisation/Version History
Appendix A Interview Process – Suspect/Defendant Interviews and Statements under Caution Appendix B Interview Process – Victims and/or Witnesses Appendix C Interviews with Deaf suspects Appendix D Interpreters Introduction Sheet Appendix E Minimum Payment Example Appendix F Devon & Cornwall Only-Independent Local Language Advisors
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1.0 Introduction
This procedure document provides advice on all aspects involving the use of Interpreters and Translators when used to assist the public or in police investigations. This procedure is agreed as standard by the South West Regional Police Forces of Devon and Cornwall Police, Avon and Somerset Police, Dorset Police, Wiltshire Police and Gloucestershire Constabulary.
2.0 Interpreting Services Available
2.1 Language Line
Language Line is a central telephone number providing access to qualified Interpreters in over one hundred languages.
The service is aimed at enabling members of staff to have sufficient dialogue with non-English speakers, to resolve immediate issues, without resorting to calling out face-to-face interpreters. It is important to make use of this service in order that the Force is providing genuine equal opportunity in non-English speaking communities and avoids misunderstanding and discrimination.
Language Line should be used in the following circumstances;
• To facilitate communication with members of the public • To facilitate the initiation of a crime investigation • To assist with the custody procedures, including medical and forensic sampling, reviews, charging, and out of court disposals • To assist in the intoxilyser procedure (In conjunction with the use of speaker phone facilities and CCTV) • Traffic and summary offences.
2.2 National Register of Public Service Interpreter (NRPSI)
The National Register of Public Service Interpreters provides and maintains the voluntary register for the interpreting profession. It ensures required qualification standards are met; the quality of interpreting is defined and maintained through a Code of Conduct; and that access to a database of professional interpreters is freely available for all. Further details can be found on the NRPSI website (www.nrpsi.org.uk).
The NRPSI register must be accessed in the first instance when requiring the services of an interpreter for all evidential interviews and procedures including identification procedures in relation to detainees and witnesses.
If a non-NRPSI registered interpreter is used (e.g. because there was not a NRPSI registered interpreter available) the rationale behind this must be clearly documented.
2.3 Interpreters for Deaf people and people with Speech difficulties
Interpreters for the deaf and people with speech difficulties will be obtained from the National Register of Communicating Professionals working with Deaf and deaf blind people (www.nrcpd.org.uk) via the website.
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3.0 Considerations and planning required prior to engaging an interpreter service.
Interviews involving interpreters should normally be conducted at police stations or other secure public buildings. When conducting interviews at a private residence a risk assessment must be conducted by the Investigating Officer prior to engaging an interpreter.
It is the responsibility of the Investigating Officer to book and engage an interpreter and ensure the following considerations are made prior to engaging an interpreter:
• What type of interpreter is needed? (Face-to-face or Language Line). • Date, time and location the interpreter is required. • Establish the anticipated length of time the interview is likely to take in order to establish if the interpreter will be available for that anticipated time - consider if the interpreters’ job may run into the evening or overnight and what provision there is for rest / meal breaks. • Are there any considerations in relation to accessibility for the interpreter? (Access or transport to location). • Who will be the point of contact for the interpreter? • Consider any specific gender, cultural or dialect issues that may arise. • Consider cost implications of interpreter services out of usual office hours – is it more appropriate to bail or interview a witness on an alternative date – please refer to current fees shown below.
4.0 South West Regional Interpreting fees
4.1 Face-to- Face Interpreting (Spoken Word NRPSI)
Saturday Sunday/Bank Day rate Night rate Saturday rate Hours night rate Holiday rate 06:00 – 22:00 22:00 – 06:00 06:00 – 22:00 22:00 – 06:00 06:00 – 06:00 0.25 £7.50 £10.00 £10.00 £11.25 £11.25 1.0 £30.00 £40.00 £40.00 £45.00 £45.00 2.00 £60.00 £80.00 £80.00 £90.00 £90.00 Minimum * £60.00 £80.00 £80.00 £90.00 £90.00 Please note: Interpreting fee will be paid to the nearest minute Travel £14 per Hour, to the nearest ¼ Hour Time * Minimum payment will not apply to any attendance that lasted less than two hours if travel time payment, mileage/travel expenses and Interpreting time combined, exceed the relevant minimum pay. The minimum payment includes the mileage and travel expenses. See Appendix D for examples.
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Face-to- Face Interpreting (Sign Languages NRCPD)
Requirement Net Price per Hour Minimum number of hours charged
The standard office hours expected will be as follows: Monday – Friday 09:00 – 17:00 Out of hours bookings include these times: evenings 17:00 – 22:00 and weekends (Saturday - Sunday) 09:00 – 17:00 For pre- booked appointments taking place during standard office hours: Interpreter £44.00 per hour + VAT 3 hours minimum For pre- booked appointments taking place outside standard office hours: Interpreter £53.00 per hour + VAT 3 hours minimum For emergency (non pre-booked) appointments: £60.00 per hour + VAT 3 hours minimum The rates above exclude travel expenses and VAT, but do include Travel Time costs. Parking is chargeable at the ticketed value Public transport is chargeable at the ticketed value. Payment terms: Net - For payment received within 30 days of invoice date * Minimum payment will not apply to any attendance that lasted less than three hours if the mileage/travel expenses and Interpreting time combined exceed the relevant minimum payment. The minimum payment includes the mileage. See Appendix D for examples.
Face-to-face interpreting for several people in range is classed as one continuous assignment and should be claimed on one claim form. The payment will be made in line with the total attendance time.
4.2 Mileage
£0.45 per mile (car) £0.24 per mile (motorcycle) £0.20 per mile (pedal cycle)
Payments for travel time and mileage will be made for the most direct route that can be established by the accredited route finder (www.theaa.co.uk). In the event that a detour is necessary and extra time/mileage is claimed as a result a written explanation should be submitted with the claim. Public transport and parking expenses will be reimbursed at cost on provision of official receipts.
4.3 Cancellation fee
These will be in line with a minimum payment that will include any travel expenses if incurred and it will apply to an assignment that had been cancelled within 24 hours prior to the booking time. Such claim will be clearly marked as a “cancellation fee” claim and it will be authorised by the person who made the booking.
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4.4 Written Translation
From English into Non-English and from Non-English into English.
Category of work Non-Technical - £ 53 per 1000 words Category of work Technical - £ 82.00 per 1000 words Minimum payment for written translation - £ 25.00
Translation of a witness statement is classed as non-technical translation and is considered as a continuation of interpreting assignment. Interpreters will submit only one claim form both for assisting in an interview of a witness and for further translation of the statement into English if applicable. The fee will be paid to the word.
5.0 How to engage language Interpreter
5.1 Language Line
• Establish language required - staff should use the language identifications chart that is available in custody suites.
• Language Line should be contacted by calling 0845 310 9900
• A co-ordinator will ask for the Language Line access code, staff members name and collar number and the language required or best guess if language cannot be identified.
• The co-ordinator will then link the call to an appropriate interpreter.
• Where available it is good practice to use a dual handset or speaker phone (giving due consideration to privacy). This allows the officer to speak with the interpreter without having the telephone earpiece being passed back and forth.
5.2 National Register Public Service Interpreters
NRPSI can be accessed via www.nrpsi.co.uk or via a link from the Force Intranet. The NRPSI website should always be used, as it is the only up to date source of interpreters; do not use old lists, or business cards provided by interpreters from previous use. A NRPSI search should be conducted as follows;
• Access to this site is by sign in using a force email and password.
• Language and postcode of the location where the interpreter is required (First two fields). This search clearly identifies the closest interpreter. The interpreter selected should always be the nearest available.
• If your search returns too few or no interpreters, remove the postcode and search by Language alone.
• Before selecting an interpreter ensure that their vetting is current and record their NRPSI registration number. Interpreters are required to hold current Non Police Personnel Vetting (NPPV) Level 3 clearance, ideally from your own force or from the National Police Vetting
Uncontrolled Version Copy when Printed -6 - Version 1 OFFICIAL - PUBLIC Unit at Warwickshire, however you should confirm with your local Vetting Unit whether they will accept another force’s clearance if this is all that the interpreter has.
• When speaking with the interpreter ensure all points identified in paragraph 3 are relayed to the interpreter. Pay particular attention to required time of attendance and current fees payable and record on the custody record what time the interpreter is booked for. This is essential to enable the monitoring of interpreter claim forms.
• Ensure interpreters understand that they will be paid the interpreting fees (As detailed in paragraph 4) from the agreed time of attendance and not before.
5.3 Translators
Translators will be engaged only from NRPSI, the Institute of Translation and Interpreters (www.iti.org.uk), or the Chartered Institute of Linguists (www.iol.org.uk) except in circumstances where there is no language cover provided by NRPSI, ITI or IOL. Where this situation arises a translator should be sourced from a reputable company that can supply a suitable qualified translator with DBS clearance.
When engaging the services of a translator, it should be confirmed on initial contact that all payments will be as per the South West Regional rates.
Non-sensitive documents to be translated should be copied and the copy may be sent to the translator by any secure means, i.e. postal or courier. An agreement must be made on the completion date and return of all documents.
Sensitive material to be translated should never be sent to a translator. Arrangements should be made with the translator to attend secure premises where a copy document can be provided to the translator, together with suitable accommodation where the translator can complete their task.
A translator should never be allowed to keep a copy of any sensitive documents. The translator should provide a statement exhibiting their translated version of the document(s).
5.4 Interviews with Deaf people and people with speech difficulties.
5.4.1 Interpreters for the Deaf cover a number of differing specialties, Interpreters for Deaf/Deaf-Blind/speech impaired and hard of hearing may specialise in Sign Language, Deaf-blind communication, Lip speech or Speech to text reporting (palantypist). Officers must initially identify the correct form of interpreter required before requesting an interpreter.
5.4.2 Engaging an interpreter. Interpreters for the Deaf will in the first instance be obtained via the NRCPD website. Officers will contact National Register of Communicating Professional working with Deaf and deaf-blind people (NRCPD). Contact www.nrcpd.org.uk.
5.4.3 Best Practice for the use of BSL, Lip Readers or other communicators. All interviews of victims, witnesses or offenders, who are deaf or speech impaired, should be visually recorded (with sound), showing all hand, facial and upper body actions of the interviewee and the interpreter. Please refer to PACE Code of Practice E or F. and See appendix C.
Uncontrolled Version Copy when Printed -7 - Version 1 OFFICIAL - PUBLIC 5.5. Claims for payment All Claims will be made using the SW Regional Interpreter Claim form and submitted to the local force finance department. The OIC must ensure all the relevant details are included on the claim form, identify the type of assignment, the name of the interpreter, name of defendant/victim/witness, custody record/crime record, times of attendance, interpreting, and departure, and total time (including travel if applicable), and details of incidental expenditure, and ensure the relevant department budget code is provided.
6.0 Considerations prior to interview of detainee or witness
• Upon arrival of interpreter ensure the interpreter is in possession of their NRPSI ID, or other ID (BSL) and that it is current.
• Arrival time and interpreter details should be recorded on the custody record for detainees and the crime report for witnesses and voluntary attendees.
• Ensure the interpreter is aware of evacuation procedures and rest room locations.
• Interpreters should, in the presence of the investigating officer, hold a very brief conversation with the person to be interviewed; not touching upon the circumstances of the case but solely in order to ascertain that they are competent to interpret and translate the language or dialect used. If interpreters do not feel competent in that language or dialect in verbal and written form they must inform the officer immediately. If the interpreter or investigating officer has any doubts or problems they must inform the custody officer, immediately.
• It is important to be aware that the process of interpreting is very intensive and interpreters may request breaks during the interview which where practicable should be facilitated.
7.0 Commencing and undertaking the Interview
Please see Appendix A for guidance in relation to commencing and undertaking the interview for an offender under caution, with an interpreter present.
8.0 Witness Proforma Statements
Please see Appendices B & C for guidance in relation to completing witness statements.
An interpreter engaged to obtain a statement from a victim or witness, will interpret the interview and on conclusion record a statement in both the non-English and English language as per the guidance contained within Appendices A-C, this will count as one interpreting assignment only.
9.0 Post Interview Procedure
With the Interpreter in attendance, complete the Interpreter Expense Claim Form, and sign it as correct. If possible submit it on behalf of the interpreter. If this is not possible then provide the Interpreter with the relevant admin office address and contact name.
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Advise the interpreter on the possible outcomes of the case and what may be required of them in the future.
Ensure the interpreter leaves the location in a safe manner, and does not come into contact with the subject or any persons connected to the subject.
To ensure interpreters do not remain within the police station unnecessarily please conclude the assignment as soon as possible after the interview. However it is imperative that all relating statements and exhibits are completed prior to leaving the station. However, it is imperative that all relating statements and exhibits are completed prior to them leaving the station, in accordance with PACE Code C (Annex M).
NOTE: Language Line can be used for all disposal options, including Charging.
10.0 Obligations and Payment when engaging an Interpreter
10.1 Fees The basic fees payable to an interpreter are explained on the South West Regional Interpreter Claim form (which may have a specific code for each of the 5 forces involved).
Officers must engage an interpreter appropriate for their needs. If the interpreter arrives at the assignment location and we find that we cannot use them because of something the police have omitted to ask of them, the police are liable to pay for their travel time to and from the assignment and travel expenses. Minimum payment is as described in section 4.
10.2 Cancellation Policy
When an interpreter is pre-booked for an interpreting assignment and that requirement ceases, i.e. the interview is cancelled, it is for the OIC to make the cancellation arrangements as soon as possible with the interpreter.
If the interpreter is informed of the cancellation 24 hours or more prior to the date (not time) of the assignment, then there will no payment made. If the cancellation is less than 24 hours prior to the date (not time) of the assignment, then the interpreter will be entitled to claim a minimum 2 hours, the OIC must notify the Interpreter of these points when making the cancellation.
If the cancellation is after the interpreter attends the appointed place for the assignment, then the interpreter will be entitled to claim for the whole of their time or a minimum of 2 hours, whichever is the greater, plus travelling and any other incurred expense (against receipts).
10.3 Interpreters required for Court
It will be the responsibility of the Officer in Case to arrange for an interpreter to attend court for overnight remand cases only (where a defendant is bailed or remanded to appear at a court within 2 working days following charge). Wherever possible, this should be one who has had no involvement in the police investigation.
Any interpreters required for first hearings other than overnight remands will be arranged by the Court.
Uncontrolled Version Copy when Printed -9 - Version 1 OFFICIAL - PUBLIC Officers and police staff booking an interpreter for an appearance in Magistrates courts should comply with the following procedure;
Foreign Language Interpreters should be booked through TheBigWord by calling 0333 344 5701. Non-spoken word interpreters e.g. BSL should be booked through Clarion UK by calling 0330 400 5348.
• Location/name of court where attendance is required • Language or type of interpreter required (e.g. BSL, Polish) • Date and time required • Estimated duration • Name and surname of non-English speaker • Case number • Preferred gender (default is no preferred gender) • Additional venue information (e.g. restricted parking, opening hours) • Name of interpreter precluded for conflict of interest (if appropriate) • Full name of Police officer or staff making the booking • Email address of police officer or staff for confirmation (a confirmation will also be sent to the court) – a copy of the confirmation email should be placed on the overnight remand file • Contact telephone number of the police officer or staff making the booking
It is imperative that officers use this system only, as the charge for interpreter services requested via any other route will result in the Force being liable for the cost.
11.0 Complaints Procedure
Should a complaint be received relating to the any issues relating to Interpreters it will be the responsibility of each Force to investigate and respond accordingly.
12.0 Monitoring / Feedback There will be an annual review at Regional level of this policy and the fee structure. The implementation of this policy will be monitored by each Force following their own local processes which may include through dip sampling of interpreter claim forms and custody records.
13.0 Consultation / Quality Assurance / Authorisation
Consultation
The document creator makes any decisions on the level of “consultation” required.
Details of those consulted (if applicable) Signature(s) (if required) Date - - -
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Authorisation of this version
This Version Name Signature Date Prepared:
Quality assured:
Authorised:
Version Control
Review
Every policy or procedure is subject to two processes of continuing review. A general review of its continuing relevance and accuracy called a Review of Purpose. An audit review of its current impact in relation to People and Equality is called a Review of Impact.
Date Next Review of Purpose 15 January 2021
Version History
Version Date Reason for Change Amended by 0.1 Regional document N. Bate commencement 0.2 09/04/13 Additions to document N. Bate 0.7 28/02/14 Additions to document N. Bate 0.8 12/06/19 Draft changes to document pending S. Sutton contract changes 1 15/11/19 Full review and re-write of sections S. Sutton following regional meetings.
Document History
Document Owner Sarah Sutton 54624 Owning Department Criminal Justice Dept, Devon and Cornwall Police V1.0 Approved by v1.0 Approval Date v1.0 Implementation Date
Uncontrolled Version Copy when Printed -11 - Version 1 OFFICIAL - PUBLIC Appendix A
Interview Process – Suspect/Defendant Interviews and Statements under Caution
A Statement under caution will not normally be taken if a full interview record is made, unless a suspect elects to make a written statement. The only way in which a valid original copy of an interview with a D/deaf person may be recorded is through the use of videotape.
The suspect dictates the statement to the interpreter who records the statement in the suspect’s own language. This statement forms the evidence.
The Interviewing Officer and Interpreter’s detailed responsibilities are highlighted below:
Police Officer Responsibilities Interpreter Responsibilities
Briefing and Preparation
• Introduce yourself to the interpreter and • Introduce yourself to the police officer and give them brief information on the nature explain interpreter’s role if necessary. of the case. • Introduce any documentation that you intend to use in the course of your interview. • Inform the interpreter on the interviewing technique you intend to use e.g. cognitive, conversation management etc and discuss practical aspects of the chosen method.
Introduce suspect to Interview Process • Introduce the interpreter to the defendant • Interpret using simultaneous or and explain their role to the defendant. consecutive interpreting. • Establish that you and the subject speak the same language. • Notify the officer of any conflict of interest or issues affecting the interview process. • Use the interpreters introduction sheet Appendix C to introduce the way in which you will be interpreting.
Recorded Interview notices
• Explain recorded interview notice to • Interpret using consecutive interpreting. defendant and others present. Make notes to assist your interpreting
Interview with suspect
Uncontrolled Version Copy when Printed -12 - Version 1 OFFICIAL - PUBLIC • Conduct the interview, as you would • Interpret, using consecutive interpreting normally interview a defendant. and/or simultaneous interpreting as appropriate. For both Officer and Interpreter Action- • When an interview with a suspect is recorded the interpreter is not required to • If an interpreter is used in an interview of make any written notes. a detainee, and the detainee provides a • At the conclusion of the interview, before prepared statement in the non-English the recorder is switched off, the suspect language, but no English version, the will be handed a 'Notice to Suspect' which Interpreter should read it aloud onto the explains the use which will be made of the recording in both the non-English recording media and the arrangements for language and in English. access to it. The contents of this notice • If the detainee requests to make a will need to be interpreted. statement under caution, the interpreter • The interpreter should be present when should record that statement in the non- the suspect is invited to sign the label English language. On conclusion the which is used to seal the master recording caution statement should be read out and translate what is written or said, loud in the non-English language, and including translating that label. If the then the English language. The MG15 suspect indicates an unwillingness to sign will provide the initial English version of the sealing label because (s) he does not the caution statement. If a written version understand what is written on it then (s)he is later required, that document should will be deemed to have refused to sign, then be subject of translation by a and the relevant instructions will be qualified translator, not by the followed in so far as they relate to the interpreter. responsibilities of a senior officer.
If The Suspect Elects to Make a Written Statement:-
Production of a written statement
• Ask the defendant if they wish to write • Interpret for the police officer using the statement themselves consecutive interpreting. • If the defendant cannot read or write, or • If the defendant does not wish to write states that they would prefer the their own statement themselves, write statement to be written for them, instruct down the statement exactly as dictated by the defendant to dictate the statement to the defendants in the defendant’s own the interpreter. language. • Instruct the interpreter to write down the statement in the defendant’s own language, exactly as dictated by the defendant.
Suspect checks statement
• Instruct the interpreter to read to you in • Sight translate the statement into English English the contents of the statement as instructed by the police officer • Ask the defendant to read the statement • Interpret request from officer using and indicate if s/he disagrees with any consecutive interpreting. part of the statement.
Uncontrolled Version Copy when Printed -13 - Version 1 OFFICIAL - PUBLIC • If the defendant has low literacy ask the • Hand statement to defendant for them to interpreter to read the statement to the read. OR read it to them if they cannot defendant. read it themselves if instructed by the • Instruct the interpreter to make any officer. additions, omissions or amendments to • Make any additions, omissions or the statement that the defendant’s see amendments to the statement as fit. requested by the defendant after s/he has • Request defendant to sign statement on read/heard the statement. each page if s/he wishes. • Interpret request from officer to defendant to sign the Statement • Countersign each page of the statement after the defendant’s signature.
Translate into English
• Ask interpreter to complete translation of • Translate defendant’s statement into the statement whilst at the police station English • Ensure interpreter has appropriate forms • Complete and sign exhibiting statement to (MG11) for both translation of defendant show that you have been the interpreter statement into English and their own for this defendant statement and have exhibiting statement. completed a translation into English of the • On completion of the interview the statement. interviewing officer will make a written • Return both documents to Police by an statement, stating that the interview was agreed deadline and method of delivery. held and giving date, time, place etc, • Following (3) completed by the OIC, the identifying the recording media, and interpreter will then listen to the recording stating that the interview was conducted media and read the summary. The through an interpreter. The officer will interpreter should provide a written prepare a summary of the interview. statement, in English, stating that the interview was held and giving date, time, place etc. identifying the recording media and stating that the interview was conducted through an interpreter. They should also include that the Record of Recorded interview is a fair and accurate summary together with details of qualifications and experience as an interpreter.
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Appendix B
Interview Process – Victims and/or Witnesses
This detailed guidance is aimed at all police officers interviewing non-English speakers, regardless of offence. During the interview the police officer must dictate the statement to the interpreter who records the statement in the witness’ own language. This statement forms the evidence.
In cases where the police judge that the witness is vulnerable or intimidated, the police may decide to follow the process for Vulnerable or Intimidated (sec 137 CJA2003) witnesses making a visual recording, rather than a written statement, which will be the evidence in chief. Consideration should also be given for the ACPO Significant Witness process to be used, which recommends audio recording for significant witnesses, but which recording would not be admissible as evidence in chief.
The Interviewing Officer and Interpreter’s detailed responsibilities are highlighted below: Police Officer Responsibilities Interpreter Responsibilities
Briefing and preparation
• Introduce yourself to the interpreter and • Introduce yourself to the police officer give them brief information on the nature and explain interpreter’s role if of the case. necessary • Introduce any documentation that you intend to use in the course of your interview. • Inform the interpreter on the interviewing technique you intend to use e.g. cognitive, conversation management etc and discuss practical aspects of the chosen method.
Introduce witness to interview/Statement Process
• Introduce the interpreter to the witness • Interpret, using simultaneous or and explain their role to the witness. consecutive interpreting • Explain witness interview/statement • Establish that you and the witness speak process the same language • Explain special measures, if appropriate. • Notify the officer of any conflict or issue affecting the statement process.
Personal Details
• Ask for the witness personal details • Interpret, using consecutive interpreting, make notes and write the information requested by the officer on the form
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Obtain witness account
• Ask the witness to tell you everything that • Interpret, using consecutive and or happened during the incident simultaneous interpreting, making notes • Take notes, to identify as many topic to assist your interpreting as appropriate areas as possible
Detailed Questions on Topic Areas
• Ask witness to elaborate each topic area • Interpret using consecutive interpreting to ensure you retrieve all information required for a full and complete statement
Production of written statement • Police officer formulates verbal statement • Write down the statement certification in in English, according to prescribed the natural language. statement format, and based upon notes • Write down the statement as dictated by taken during the stages above. the police officer, in the witness’ own • Officer dictates statement in English to language interpreter. • This must be the first written version of • NB There can be no written version in the statement English at this stage. See R V Raynor v • Where Witness Statements are to be Governor of Brixton Prison and recorded they will invariably be recorded another ex parte Saifi (times Law on form MG11 which contains the printed Reports 240101) perjury declaration required by the • The formulation of a statement in this way Criminal Justice Act 1967, as follows:- need not necessarily be done in the "This statement consisting of .... pages presence of the witness. It is done by the each signed by me is true to the best of police officer, by reference to their English my knowledge and belief and I make it language Notes and written out in the knowing that if it is tendered in evidence witness’ own language by the interpreter. I shall be liable to prosecution if I have However the witness must be given the wilfully stated in it anything which I know opportunity to add/alter/amend the to be false or do not believe to be true". statement before signature. Dated this ...... day of...... 20.....Signed...... • The above declaration, although printed in English on Forms MG11, must be written out by the interpreter in the non- English language, signed by the person making the statement (not the interpreter) and the signature witnessed. The person witnessing the signature will normally be the interpreter.
Witness checks Statement
• Ask the witness to read the statement and • Interpret request from officer using indicate if s/he disagrees with any part of consecutive interpreting the statement.
Uncontrolled Version Copy when Printed -16 - Version 1 OFFICIAL - PUBLIC If the witness has low literacy ask the • Hand statement to witness for them to interpreter to read the statement to the read, OR read it to them if they cannot witness. read themselves if instructed by the • Instruct interpreter to make any additions, officer. omissions or amendments to the • Make any additions, omissions or statement as the witness sees fit. amendments to the statement as • Read the statement certification to the requested by witness after s/he has witness and ensure they understand what read/heard the statement. it means. • Interpret officer’s explanation of the • Request witness to sign witness statement statement certificate on each page if s/he wishes. • Interpret request from officer to witness to sign statement. • Countersign each page of the statement after the witness signature
Translation into English
• Ask interpreter to complete translation • Translate witness statement into English. whilst at Police Station OR (Only if If leaving the Police Station, (Only if Absolutely Necessary) Agree secure Absolutely Necessary), take a handling, specific deadline and how photocopy of the witness statement (not statement will be returned to you original) • Ensure interpreter has appropriate forms • Complete translation into English (MG11) for both, translation of witness • Complete and sign exhibiting statement statement and their own exhibiting to show you have been the interpreter for statement. this witness statement and have completed the translation into English of the witness statement • Return both documents to police by agreed deadline and method of delivery.
Interpreter’s statement for taking of a witness statement.
The following is guidance as to how an interpreter should prepare a statement: • On (day), (date), (time) and (place), the ***** Constabulary/Police Force engaged me as an Interpreter for (witness) in (language). • I interpreted questions asked by (officer) in English, to (Witness name) in (language). I then interpreted the replies made by (witness name) in (Language) into English to (officer). • I then at the dictation of (Officer) wrote a statement in (Language) onto a form MG11. At the conclusion I handed the statement to (witness) who read it / who I read it to. • I then advised (witness) in (language) that s/he could alter, add or amend anything that was not correct. There were/were not any additions, alterations or amendments. (These are marked with the witness initials). • I then interpreted the statement certification to (witness) in (language). (Witness) then signed each page of the statement, and I countersigned each page. • At (day), (date), (time) and (location), I translated the original statement of (witness name) from (language) into English, this I now exhibited as (exhibit number).
Uncontrolled Version Copy when Printed -17 - Version 1 OFFICIAL - PUBLIC Appendix C INTERVIEWS WITH DEAF SUSPECTS
The following must be adopted by officers carrying out interviews with victims, witnesses or detained persons who are deaf and need the services of a British Sign Language or Lip speaking interpreter or other human aid to communication.
Best Practice should be that interviews in addition to being recorded audibly in the normal way, will also be visually recorded. If this is not done the police will not be able provide a valid original copy of the interview because the sign language cannot be seen and interpreted again later. (The true record of the original statement of a witness or defendant who uses sign language is a visual recording, not the interpreter’s written or oral version of what they say the defendant or witness conveyed. (R v Raynor, Times law Reports 19.09.00). Not to provide a copy of the original visual recording would result in the failure of any contemplated prosecution and would constitute a breach of Human Rights legislation. Until such time as visual recording equipment is available in interview rooms the visual recording of such interview will be carried out using available equipment. Wherever possible such interviews should take place by prior arrangement.
The following matters should be borne in mind when conducting an interview with a deaf subject:-
Positioning of the Interpreter and Interviewee:
• In order to capture the full extent of three dimensional space employed by a user of British Sign Language the camera should concentrate on the waist upwards of the subject and interpreter. This will then enable another sign language interpreter to easily interpret what has been said if the visual recording is viewed at a later date; • There must be plenty of light on the interpreter. They should not be placed in front of a window or with light coming from behind, as this darkens the face; • The background behind the interpreter should be visually calm. Vivid wallpaper or a harsh white wall should be avoided; • The interviewee and interpreter should be seated opposite each other so they each have a full, unobstructed view of the other.
Important Points to Remember when Interviewing:
• To look directly at the deaf person even though he/she will not always be able to look back; • To speak and refer to the deaf person directly. The interpreter will likewise use the first person; • Not to ask the interpreter questions or make comments unless clarifying information; • To allow time for deaf people to look at visual material before discussing it; • Sign language interpreters may look very active with their hands, but in fact most of the hard work is going on in their heads. They have to listen carefully to, or watch the message, extract the meaning and then find an appropriate way to express the message in the second language; • Only one message can be interpreted at a time. It is important that only one person speaks at a time; • The interpreting/voice-over process requires intense concentration and the interpreter should not be expected to work for longer than 20 minutes at a time if it can be avoided as the quality of interpretation may suffer;
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Interview Process – D/deaf People Using British Sign Language (BSL) and/or Languages with No Written Form
This Guidance is aimed at all officers interviewing victims, witnesses and suspects who are users of BSL, Lip Speakers and users of languages with no written form, regardless of the offence.
The Interviewing Officer and Interpreter’s detailed responsibilities are highlighted below:
Police Officer Responsibilities Interpreter Responsibilities
Briefing and preparation
• Introduce yourself to the interpreter and • Introduce yourself to the police officer and give them a brief information on the nature explain the interpreter’s role if necessary. of the case • Inform the officer of any time constraints • Introduce any documentation that you that may affect the interview intend to use during the course of the interview • Inform the interpreter on the interviewing technique you intend to use e.g. cognitive, conversation management etc and discuss practical aspect of the chosen method.
Introduce Victim/witness/Suspect to Interview/statement Process
• Introduce the interpreter to • Introduce yourself using the interpreter’s Victim/witness/suspect and explain their introduction sheet. role to the witness. • Interpret using simultaneous or • Explain offender Interview / witness consecutive interpreting interview/statement process. • Establish that you and the • Explain the interview recording process victim/witness/offender use the same BSL • Explain special measures process, if or other communication method. applicable • Notify officer of any conflict of interest or issue affecting the statement/interview process.
Personal Details
• Ask for the Victim/witness/suspect • Interpret, using consecutive interpreting personal details and write them on the form MG11/recording media labels
Obtain victim/witness/suspect account
Uncontrolled Version Copy when Printed -19 - Version 1 OFFICIAL - PUBLIC • Ask the Victim/witness to tell you • Interpret, using consecutive and/or everything that happened during incident. simultaneous interpreting.
• Explain the allegation to the suspect and ask if they wish to provide any explanation/Progress the interview, using the PEACE model, giving the interpreter and suspect sufficient time to understand. • Take notes, to identify as many topic areas as possible
Detailed Question on Topic Areas
• Ask Victim/witness to elaborate each topic • Interpret, using consecutive interpreting. area to ensure you retrieve all information required (make notes) for a full and complete statement. • Ask the suspect sufficient questions to cover the points to prove, Note the questions and answers on a MG15. • Ensure you sum up on conclusion so that the victim/witness/defendant fully understands what you believe they have evidenced/admitted/denied • Bring the suspect interview to a conclusion.
Production of written victim/witness statement
• Police Officer writes witness statement in • Wait for Police officer to complete written English, according to prescribe statement statement format, based upon notes taken during stages above.
Witness checks statement
• If the witness cannot read, Read the • Interpret statement as it is read by the statement to witness, asking witness to police officer, using consecutive indicate if s/he disagrees to any part of the interpreting (Simultaneous interpreting for statement. BSL) • Make any additions, omissions or • Interpret any additions, omissions or amendments to the statement as the amendments to the statement. witness sees fit. • Interpret the statement certification • Read the statement certification to the • Interpret request from officer to witness to witness and ensure they understand what sign the statement. it means. • Request witness to sign witness statement on each page if s/he wishes.
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Interpreter signs Exhibiting statement
• Ensure interpreter has appropriate forms • Complete and sign exhibiting statement to for their own statement show that you have been interpreting for this witness statement/interview
Deaf interpreter statement.
The following suggestions are guidelines only;
On (day), (date), (time) and place, the ***** Police engaged me as a BSL/English Interpreter/Language Service Professional. I was present at an interview of (Name of interviewee) conducted by (Officers names) also present were (Names of all other present). I interpreted the questions asked by the officers, and then interpreted the interviewee’s replies. ‘Suspect interview’ - (Officer) wrote both the questions and the responses in English on a form (MG15 for record of interview) or ‘Victim/witness interview’ – at the conclusion of the interview (Officer) wrote a statement (MG11).
The officer then read back the statement/interview record, which I interpreted to the interviewee. Or The victim/witness read the statement. Or the suspect read the interview notes.
The interviewee was then asked to sign the statement, which I countersigned.
NOTE; Interpreters may wish to include in their statement any special circumstances relevant to the interpretation, e.g. the fact that the detainee used sign supported English and read the statement themselves or was a native user of Irish Sign Language who understood BSL as a second language etc
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Interpreters Introduction Sheet
My Name is ………………………………..and I am the (Language) Interpreter for today.
I’ll interpret everything that is said by everyone present. If you do not want me to interpret something, please do not say it.
I am completely impartial and not on anybody’s side.
Please do not try to engage me in conversation, as I am here to interpret between the parties involved.
Please be assured that anything discussed in this interview I will not discuss outside of this investigation.
If I was involved in the disclosure interview between you and your solicitor, anything that was discussed in that meeting will remain confidential to that meeting.
If I need to clarify something I will have to stop you and ask.
It would help me if you could speak to each other directly.
Please allow me to complete the interpretation to each of you before you speak again.
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Examples of Minimum Payment Arrangements
Examples:
1) Not eligible for minimum payment:
Travel time (2hrs) = £28 100 miles round trip @ 0.45p/mile = £45 1 ½ hour attendance = £45
Total = £113 (this exceeds the minimum payment so the minimum payment WILL NOT apply)
Total paid = £113
2) Eligible for minimum payment:
Travel time (15 mins) = £3.50 8 miles round trip @ 0.45p/mile = £3.60 1 ½ hour attendance = £45
Total = £51.70 (this does not exceed the minimum payment so the minimum payment WILL apply)
Total paid = £60.00 (minimum payment)
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Index
Section 1 When can a Volunteer Interpreter be used? Section 2 Guidance Section 3 Claim Forms Section 4 Completion of Interpreter Claim Forms Section 5 Fees and Allowances
1.0 When can an ILLA be used?
1.1 These interpreters should only be used if an interpreter from the National Register of Public Service Interpreters is not available, or when it is impractical to use a NRPSI interpreter, and only with the authority of the Custody Officer and agreement of the defendant and their Legal Advisor (if there is one). The decision making process in these circumstances must be recorded on the custody record.
1.2 The ILLA may be used to facilitate/initiate investigations or the interview of defendants (In compliance with Code E PACE).
1.3 ILLAs MUST only be used in adherence to the guidance detailed below.
2.0 Guidance
2.1 When a defendant is accepted into custody, and there is to be an interview and a subsequent appearance in a court of law then the Interpreter used should be from the NRPSI list. However if the offence is of a minor nature and a guilty plea is anticipated, then an ILLA could be used if waiting for a NRPSI Interpreter would cause an unjustified delay of 3 hours or more (because of travel time/distance etc).
2.2 An ILLA could also be used in circumstances when it is believed that the evidence will not support a prosecution or that a prosecution will not follow, again providing the defendant and his legal representative are in agreement.
2.3 However, when an interview is to be conducted and the evidence appears to support a prosecution that can only be heard in a Crown Court, OR that it is believed the defendant will challenge the charge in either the Magistrates or Crown Courts, then ONLY a NRPSI interpreter should be used, no matter what the delay.
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2.4 In respect of ABE interviews and witness statements, to comply with PACE and the National Guidelines, it is suggested that only interpreters from the NRPSI list should be used if it is believed that the case will result in a court appearance. An ILLA should only be used to facilitate an early statement when waiting for a NRPSI interpreter would impede the investigation, or the course of justice.
2.5 If the interpretation by an ILLA is likely to be challenged at a later date (in court) then the OIC should consider obtaining a transcript of the interview using a NRPSI Translator/Interpreter.
2.6 All persons on the ILLA list have been vetted and have sufficient language capability to facilitate an interview, but do not meet the standards set out in the National Agreement.
2.7 The ILLA Database is under constant review by the Force Interpreter Liaison Officer, and all persons listed have been confirmed as available and have successfully passed the force vetting process. To maintain its integrity there should be no additions made to this list other than by the Force Interpreter Liaison Officer.
2.8 ILLA’s should not be used to complete translations of documents to be used in any court case, other than the English version of the statement obtained using their services.
2.9 ILLA’s may be used in non-crime matters, i.e. community meetings, and to prepare and translate documents that will be used in those circumstances, or non-sensitive communications documents for the force e.g. information leaflets.
2.10 Any issues or complaints involving ILLA’s should be brought to the attention of the Force Interpreter Liaison Officer.
3.0 Claim Forms
3.1 Interpreter’s Claim When an interpreter submits a claim, they are paid for their travel time to and from the assignment; the time spent interpreting and providing the 2 statements, plus any travel expense and incidental expenses, i.e. car parking and overnight accommodation (against receipts).
3.2 Any other expense If an interpreter is likely to incur any other expense it should be agreed before they incur that expense, this is a point they should be advised of at their initial engagement.
4.0 Completion of Interpreter Claim Forms
4.1 Officers should where possible assist the interpreters to complete the claim forms which can be accessed and printed from this link or the Sharepoint Interpreters page. Once completed, submit them to the LPA Admin Hub. This form must not be submitted electronically.
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5.0 Fees and Allowances
5.1 Interpreters Fees
Hours Day 0600- Night 2000- Saturday Saturday Night 2000 0600 0600-2000 and all day Sundays and Bank Holidays 0.25 £3.75 £5.00 £5.00 £5.65 1.00 £15 £20.00 £20.00 £22.50 2.00 £30.00 £40.00 £40.00 £45.00 Minimum* £30.00 £40.00 £40.00 £45.00
• *Minimum payment will not apply to any attendance that lasted less than 2 hours if travel expenses and attendance time payment together exceed the relevant minimum payment. • Travelling time will be paid at £14.00 per hour. • Mileage will be at car £0.45p pm, and Motorcycle £0.24p pm.
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