When looking out for issues relating to the quality of interpretation, it is worth bearing in mind the
standard established by Article 2(8) of the Directive (‘ensuring that suspected or accused persons
have knowledge of the case against them and are able to exercise their right of defence’). The key
questions would therefore appear to be whether the person is able to understand what they are
being accused of and able to exercise their right of defence. In the context of pre-trial questioning at
the police station, assuming no decision is taken to remain silent, the key consideration in terms of
exercising rights of defence is understanding what is being asked and the ability to explain oneself.
Indeed, as noted earlier, the ECtHR standard refers to the suspect being able to ‘put their version of
events’. Thus:
iv.
Keep these questions in mind:
Is the suspect able to understand precisely what is being asked of him?
Is the suspect able to give his version of events accurately?
Is a risk of unfairness arising because of the interpretation?
What to look for – specific issues
The extent to which this standard is met will depend on a number of concrete, practical aspects of
the interpretation provided on the day. The following headings cover some key areas most likely to
give rise to interpretation issues.
Control questions
It is good practice for the questioner to ask, through the interpreter, a series of questions at the
beginning of the interview to determine whether the person is able to understand what is said.
Take a note of the control questions and the responses given.
If control questions are not asked, suggest that they be asked.
Incriminating statements
The function of interpretation is to convert into the target language the statements made by the
suspect. If this is not done correctly, an exculpatory statement might be misunderstood and be
recorded as an incriminating statement.
For instance, if a suspect says he ‘panicked’ and hit someone, and this is interpreted as him saying he
‘lost his temper’ and hit someone, this would be inaccurate. The former statement is essentially
exculpatory, suggesting self-defence, the latter essentially incriminatory, suggesting violent reaction.
Or, if the suspect states that a friend gave him money so that he could by drugs for both of them,
this might be wrongly interpreted as his having bought a total amount with the intention of selling
half to a friend. The former statement would imply simple possession of drugs, whilst the latter
could be understood as suggesting an intention to supply, a more serious offence.
Clarify potentially ambiguous or incriminating statements.
Did the interpreter use a literal translation or an expression?
What were the exact words translated?
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