A Guide for UK Solicitors
In an increasingly diverse society, UK solicitors frequently encounter witnesses who speak foreign languages. Accurately obtaining statements from these individuals is crucial for ensuring justice and maintaining the integrity of legal proceedings. Here’s a comprehensive guide on how solicitors can effectively take witness statements from non-English speakers.
Engaging a Qualified Interpreter
The first step in taking a witness statement from a non- English speaker is to engage a qualified interpreter. Selecting a reputable and qualified firm is essential. All of Translate Hives interpreters are certified or accredited by a recognised professional body, such as the Chartered Institute of Linguists or the National Register of Public Service Interpreters (NRPSI).
Preparation
Before the interview, brief the interpreter on the case context and the nature of the questions without revealing any confidential information. Coordinate schedules to ensure the interpreter and witness are available simultaneously, whether the interview is conducted in person, over the phone, or via video call.
Conducting the Interview
Begin the interview with introductions, explaining the roles of everyone present. Inform the witness about the purpose of the statement and the importance of accuracy. Ask questions directly to the witness, allowing the interpreter to translate each question and response accurately. Pay close attention to the translations to ensure they convey the full meaning of the witness’s responses without omitting or altering any details.
Recording the Statement
Record the statement verbatim through the interpreter, clearly noting the interpreter’s presence and role. If any part of the witness’s response is unclear, seek clarifications through the interpreter.
Review and Verification
After the statement is recorded, have the interpreter read it back to the witness in their language to confirm its accuracy. Make any necessary corrections based on the witness’s feedback.
Finalisation
Once the statement is verified, have the witness sign it. The interpreter should also sign a declaration stating they have accurately translated the statement. Include a certification from the interpreter confirming they have translated the statement impartially.
Documentation
Properly file the signed statement along with the interpreter’s certification and any notes from the interview. This documentation ensures the statement’s integrity and can be reliably used in legal proceedings.
Reproduced with kind permission from Your Expert Witness