13 Interpreters

13.1 Chief officers are responsible for making arrangements (see paragraph 13.1ZA) to provide appropriately qualified independent persons to act as interpreters and to provide translations of essential documents for:

(a) detained suspects who, in accordance with paragraph 3.5(c)(ii), the custody officer has determined require an interpreter, and

(b) suspects who are not under arrest but are cautioned as in section 10 who, in accordance with paragraph 3.21(b), the interviewer has determined require an interpreter. In these cases, the responsibilities of the custody officer are, if appropriate, assigned to the interviewer. An interviewer who has any doubts about whether and what arrangements for an interpreter must be made or about how the provisions of this section should be applied to a suspect who is not under arrest should seek advice from an officer of the rank of sergeant or above.

If the suspect has a hearing or speech impediment, references to ‘interpreter’ and ‘interpretation’ in this Code include arrangements for appropriate assistance necessary to establish effective communication with that person. See paragraph 13.1C below if the person is in Wales.

13.1 ZA References in paragraph 13.1 above and elsewhere in this Code (see paragraphs 3.12(a), 13.2, 13.2A, 13.5, 13.6, 13.9, 13.10, 13.10A, 13.10D and 13.11 below and in any other Code, to making arrangements for an interpreter to assist a suspect, mean making arrangements for the interpreter to be physically present in the same location as the suspect unless the provisions in paragraph 13.12 below, and Part 1 of Annex N, allow live- link interpretation to be used.

13.1 A The arrangements must comply with the minimum requirements set out in Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings (see Note 13A). The provisions of this Code implement the requirements for those to whom this Code applies. These requirements include the following:

That the arrangements made and the quality of interpretation and translation provided shall be sufficient to ‘safeguard the fairness of the proceedings, in particular by ensuring that suspected or accused persons have knowledge of the cases against them and are able to exercise their right of defence’. This term which is used by the Directive means that the suspect must be able to understand their position and be able to communicate effectively with police officers, interviewers, solicitors and appropriate adults as provided for by this and any other Code in the same way as a suspect who can speak and understand English and who does not have a hearing or speech impediment and who would therefore not require an interpreter. See paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation.

The provision of a written translation of all documents considered essential for the person to exercise their right of defence and to ‘safeguard the fairness of the proceedings’ as described above. For the purposes of this Code, this includes any decision to authorise a person to be detained and details of any offence(s) with which the person has been charged or for which they have been told they may be prosecuted, see Annex M.

Procedures to help determine:

whether a suspect can speak and understand English and needs the assistance of an interpreter, see paragraph 13.1 and Notes 13B and 13C; and

whether another interpreter should be arranged or another translation should be provided when a suspect complains about the quality of either or both, see paragraphs 13.10A and 13.10C.

13.1B All reasonable attempts should be made to make the suspect understand that interpretation and translation will be provided at public expense.

13.1 C With regard to persons in Wales, nothing in this or any other Code affects the application of the Welsh Language Schemes produced by police and crime commissioners in Wales in accordance with the Welsh Language Act 1993. See paragraphs 3.12 and 13.1.

13.2 Unless paragraphs 11.1 or 11.18(c) apply, a suspect who for the purposes of this Code requires an interpreter because they do not appear to speak or understand English (see paragraphs 3.5(c)(ii) and 3.12) must not be interviewed unless arrangements are made for a person capable of interpreting to assist the suspect to understand and communicate.

13.2 A If a person who is a juvenile or a vulnerable person is interviewed and the person acting as the appropriate adult does not appear to speak or understand English, arrangements must be made for an interpreter to assist communication between the person, the appropriate adult and the interviewer, unless the interview is urgent and paragraphs 11.1 or 11.18(c) apply.

13.3 When a written record of the interview is made (see paragraph 11.7), the interviewer shall make sure the interpreter makes a note of the interview at the time in the person’s language for use in the event of the interpreter being called to give evidence, and certifies its accuracy. The interviewer should allow sufficient time for the interpreter to note each question and answer after each is put, given and interpreted. The person should be allowed to read the record or have it read to them and sign it as correct or indicate the respects in which they consider it inaccurate. If an audio or visual record of the interview is made, the arrangements in Code E or F shall apply. See paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation.

13.4 In the case of a person making a statement under caution (see Annex D) to a police officer or other police staff in a language other than English:

(a) the interpreter shall record the statement in the language it is made;

(b) the person shall be invited to sign it;

(c) an official English translation shall be made in due course. See paragraphs 13.12 to

13.14 and Annex N for application to live-link interpretation.

13.5 Unless paragraphs 11.1 or 11.18(c) (urgent interviews) apply, a suspect who for the purposes of this Code requires an interpreter or other appropriate assistance to enable effective communication with them because they appear to have a hearing or speech impediment (see paragraphs 3.5(c)(ii) and 3.12) must not be interviewed without arrangements having been made to provide an independent person capable of interpreting or of providing other appropriate assistance.

13.6 An interpreter should also be arranged if a person who is a juvenile or a vulnerable person is interviewed and the person who is present as the appropriate adult, appears to have a hearing or speech impediment, unless the interview is urgent and paragraphs 11.1 or 11.18(c) apply.

13.7 If a written record of the interview is made, the interviewer shall make sure the interpreter is allowed to read the record and certify its accuracy in the event of the interpreter being called to give evidence. If an audio or visual recording is made, the arrangements in Code E or F apply.

See paragraphs 13.12 to 13.14 and Annex N for application to live-link interpretation.

13.8 Not used.

13.9 If paragraph 6.1 applies and the detainee cannot communicate with the solicitor because of language, hearing or speech difficulties, arrangements must be made for an interpreter to enable communication. A police officer or any other police staff may not be used for this purpose.

13.10 After the custody officer has determined that a detainee requires an interpreter (see paragraph 3.5(c)(ii)) and following the initial action in paragraphs 3.1 to 3.5, arrangements must also be made for an interpreter to:

explain the grounds and reasons for any authorisation for their continued detention, before or after charge and any information about the authorisation given to them by the authorising officer and which is recorded in the custody record. See paragraphs 15.3, 15.4 and 15.16(a) and (b);

to provide interpretation at the magistrates’ court for the hearing of an application for a warrant of further detention or any extension or further extension of such warrant to explain any grounds and reasons for the application and any information about the authorisation of their further detention given to them by the court (see PACE, sections 43 and 44 and paragraphs 15.2 and 15.16(c)); and

explain any offence with which the detainee is charged or for which they are informed they may be prosecuted and any other information about the offence given to them by or on behalf of the custody officer, see paragraphs 16.1 and 16.3.

13.10A If a detainee complains that they are not satisfied with the quality of interpretation, the custody officer or (as the case may be) the interviewer, is responsible for deciding whether to make arrangements for a different interpreter in accordance with the procedures set out in the arrangements made by the chief officer, see paragraph 13.1A.

13.10B Written translations, oral translations and oral summaries of essential documents in a language the detainee understands shall be provided in accordance with Annex M (Translations of documents and records).

13.10C If a detainee complains that they are not satisfied with the quality of the translation, the custody officer or (as the case may be) the interviewer, is responsible for deciding whether a further translation should be provided in accordance with the procedures set out in the arrangements made by the chief officer, see paragraph 13.1A.

13.10D If a suspect challenges a decision:

made by the custody officer or (as the case may be) by the interviewer, in accordance with this Code (see paragraphs 3.5(c)(ii) and 3.21(b)) that they do not require an interpreter, or

made in accordance with paragraphs 13.10A, 13.10B or 13.10C not to make arrangements to provide a different interpreter or another translation or not to translate a requested document, the matter shall be reported to an inspector to deal with as a complaint for the purposes of paragraph 9.2 or paragraph 12.9 if the challenge is made during an interview.

13.11 The following must be recorded in the custody record or, as applicable, the interview record:

(a) Action taken to arrange for an interpreter, including the live-link requirements in Annex N as applicable;

(b) Action taken when a detainee is not satisfied about the standard of interpretation or translation provided, see paragraphs 13.10A and 13.10C;

(c) When an urgent interview is carried out in accordance with paragraph 13.2 or 13.5 in the absence of an interpreter;

(d) When a detainee has been assisted by an interpreter for the purpose of providing or being given information or being interviewed;

(e) Action taken in accordance with Annex M when:

a written translation of an essential document is provided;

an oral translation or oral summary of an essential document is provided instead of a written translation and the authorising officer’s reason(s) why this would not prejudice the fairness of the proceedings (see Annex M, paragraph 3);

a suspect waives their right to a translation of an essential document (see Annex M, paragraph 4);

when representations that a document which is not included in the table is essential and that a translation should be provided are refused and the reason for the refusal (see Annex M, paragraph 8).

13.12 In this section and in Annex N, ‘live-link interpretation’ means an arrangement to enable communication between the suspect and an interpreter who is not physically present with the suspect. The arrangement must ensure that anything said by any person in the suspect’s presence and hearing can be interpreted in the same way as if the interpreter was physically present at that time. The communication must be by audio and visual means for the purpose of an interview, and for all other purposes it may be either; by audio and visual means, or by audio means only, as follows:

This applies for the purposes of an interview conducted and recorded in accordance with Code E (Audio recording) or Code F (Visual recording) and during that interview, live link interpretation must enable:

(i) the suspect, the interviewer, solicitor, appropriate adult and any other person physically present with the suspect at any time during the interview and an interpreter who is not physically present, to see and hear each other; and

(ii) the interview to be conducted and recorded in accordance with the provisions of Codes C, E and F, subject to the modifications in Part 2 of Annex N.

This applies to communication for the purposes of any provision of this or any other Code except as described in (a), which requires or permits information to be given to, sought from, or provided by a suspect, whether orally or in writing, which would include communication between the suspect and their solicitor and/or appropriate adult, and for these cases, live link interpretation must:

(i) enable the suspect, the person giving or seeking that information, any other person physically present with the suspect at that time and an interpreter who is not so present, to either see and hear each other, or to hear without seeing each other (for example by using a telephone); and

(ii) enable that information to be given to, sought from, or provided by, the suspect in accordance with the provisions of this or any other Code that apply to that information, as modified for the purposes of the live-link, by Part 2 of Annex N.

13.12 A The requirement in sub-paragraphs 13.12(a)(ii) and (b)(ii), that live-link interpretation must enable compliance with the relevant provisions of the Codes C, E and F, means that the arrangements must provide for any written or electronic record of what the suspect says in their own language which is made by the interpreter, to be securely transmitted without delay so that the suspect can be invited to read, check and if appropriate, sign or otherwise confirm that the record is correct or make corrections to the record.

13.13 Chief officers must be satisfied that live-link interpretation used in their force area for the purposes of paragraphs 13.12(a) and (b), provides for accurate and secure communication with the suspect. This includes ensuring that at any time during which live link interpretation is being used: a person cannot see, hear or otherwise obtain access to any communications between the suspect and interpreter or communicate with the suspect or interpreter unless so authorised or allowed by the custody officer or, in the case of an interview, the interviewer and that as applicable, the confidentiality of any private consultation between a suspect and their solicitor and appropriate adult (see paragraphs 13.2A, 13.6 and 13.9) is maintained. See Annex N paragraph 4.

13A Chief officers have discretion when determining the individuals or organisations they use to provide interpretation and translation services for their forces provided that these are compatible with the requirements of the Directive. One example which chief officers may wish to consider is the Ministry of Justice commercial agreements for interpretation and translation services.

13B A procedure for determining whether a person needs an interpreter might involve a telephone interpreter service or using cue cards or similar visual aids which enable the detainee to indicate their ability to speak and understand English and their preferred language. This could be confirmed through an interpreter who could also assess the extent to which the person can speak and understand English.

13C There should also be a procedure for determining whether a suspect who requires an interpreter requires assistance in accordance with paragraph 3.20 to help them check and if applicable, sign any documentation.