NOT PROTECTIVELY MARKED. Interpreters

Transcription

1 Interpreters Contents Policy Statement After Using an Interpreter... 3 LE Unable to Provide a Service... 3 Service Issues... 4 Defence Solicitor Requires Interpreter... 4 Interpreters for Crown or Magistrates Court... 4 Additional Information... 6 Interpreters Page 1 of 6

2 Policy Statement Summary The government have awarded an ESPO Framework Contract to Language Empire (LE) commencing 1 st April 2017 and replacing Capita Translation and Interpreting (CTI), to provide face to face and telephone interpreting services together with all translation requirements to organisations within the Criminal Justice Sector. Language Empire provides a wide range of translations services, covering over 200 languages and interpreters that are fully qualified and vetted in British Sign Language, Irish Sign Language, Deafblind and Braille; where they are able to assist in written translations. This policy outlines the procedure on booking an interpreter or translator, when an interpreter is required at court and the process to follow if LE are unable to be of service. The Force will ensure there is an appropriate interpreter/translator present when interviewing detainees in custody, victims and witnesses making statements and to be present in court for all cases. Vetting of interpreters nationally is being upgraded on a rolling basis to conform with the National Police Chiefs Council (NPCC) Directive of August That being interpreters who are undertaking face to face and transcription services must hold NPPV Level 3 vetting. Scope This policy applies to all police officers and police staff. General When requesting an interpreter or translator (including British Sign Language and Deafblind) you should always use the LE online booking portal in the first instance that states clear instructions. Telephone requests for pre-planned requests should be a secondary consideration. Telephone requests will generate a unique reference number for records. These types of requests must be made via LE not CTI. In cases where detainees in custody are charged to appear at court within 48 hours, you must book an interpreter for the court appearance. In all cases where an interpreter is required, you must clearly endorse the MG4 charge sheet with the required language and the interpreter details. This also applies for cases of summons. The interpreter s role is to remain impartial from the investigation at all times, their only purpose is facilitate translation. Officers must remain with the interpreter throughout the course of taking a statement from a witness or detained person. A Police Service User Guide and further information is available on how to use interpreting services from the Custody Services Interpreters intranet Interpreters Page 2 of 6

3 page, it includes the most cost effective times to use an interpreter. In order to obtain an interpreter a PIN and/or password number relevant to your district or department is required. Which are available from Custody Services Interpreters intranet page. For cancelling bookings, this cannot be done through the LE portal, but only via telephone stating the LE Job reference number. After Using an Interpreter Officer in Charge (OIC) Responsibilities OICs are responsible for: Ensuring the booking portal is completed with start and finish times, stated on the time sheet provided by the interpreter/translator. The times should be accurate and be agreed with the interpreter/translator. Being aware that interpreters are paid a minimum of 1 hours pay followed by payment by the minute after that; and Ensuring the portal information is compliant with National Audit Standards and that payments can be processed by the force and stating that payment from the Force will not cover travelling time, those expenses are covered by LE. LE Unable to Provide a Service In exceptional circumstances, LE will be unable to provide a service from their normal pool of interpreters. LE will then take action to source an interpreter from others sources and will communicate with the OIC about progress. A lower tier of interpreter may be offered if it is appropriate to the circumstances/case. The final decision will rest with the OIC. If LE are still unable to source an interpreter, it will be recorded as an unfilled booking. A booking request number will still be allocated to the request. Officers must raise a complaint via the portal. In these exceptional cases, Officers must: o Consult with an Inspector and consider if another method of translation is appropriate (e.g. use of a telephone interpreter using a speaker phone); o If other means are not appropriate, as a last resort, make an attempt to source an interpreter from the National Register of Public Services Interpreters (NRPSI) register via contacting the PNC; and o Record the NRPSI interpreter details on a FIN51 form, and ensure the interpreter has a copy. The FIN51 form must include the original LE booking request number and marked as LE failed to supply and sent to the Business Support Department. This is the only time a FIN51 is required to be submitted. Interpreters Page 3 of 6

4 Service Issues At the conclusion of the assignment booking, there is an opportunity to provide feedback. Complaints must be raised through the portal on any issues for LE to deal with. Complains can be made regarding the quality of service (e.g. poor quality translation of statement) or service provision (e.g. non availability of specific type of interpreter). Any complaints raised in relation to service provision must be recorded as an unfilled booking with the booking reference number, and to follow the process to obtain an interpreter when LE cannot provide. Any complaint must also be sent to the Interpreters Mailbox including the booking request number to allow independent monitoring by the Force. Defence Solicitor Requires Interpreter When a defence solicitor requires an interpreter to facilitate the provision of advice between the solicitor and client, the same interpreter may be used for the interview, unless the solicitor or interpreter declares a conflict of interest, where a different interpreter must be used. If a defence solicitor wants to appoint their own interpreter instead of one provided by the Force then they may do at their own expense. The interpreter employed by the defence may be selected from the LE register, but the costs will be payable under the Legal Advice at Police Stations Scheme, provided the expense is reasonably incurred. Solicitors who are unclear about these provisions must be advised to contact the relevant regional Legal Services Commission. Interpreters for Crown or Magistrates Court Officers are obliged to book interpreters on behalf of the HM Court Service for court appearances (within 48 hours) including short bail dates, using the following new arrangements as of 31 st October 2016, this includes any detainees who miss the court cut off time on the 29 th October and any subsequent days: o Foreign language interpreters must be booked through thebigword by calling the following number ; or o Non-spoken language interpreters, for example British Sign Language must be booked through Clarion UK by calling the following number For impartiality, the court will always seek to appoint a different interpreter for the court appearance from those used in the same case, therefore the officer making the booking must provide the supplier with Interpreters Page 4 of 6

5 the details of any interpreters that have already been used. In cases where there are multiple defendants with language requirements, officers must determine whether more than one interpreter is required at the hearing, and ensure the language supplier is aware of this at the time of the booking. Where the defendant s hearing is expected to take place in excess of 2 working days of the date of the charge, the relevant court will be responsible for making the arrangements for an interpreter. Interpreters Page 5 of 6

6 Additional Information Compliance This policy complies with the following legislation: Code C 13.1 of the Police and Criminal Evidence Act 1984, Codes of Practice Further Information Further guidance in relation to this policy can be sought from: Interpreters Intranet Page Policy Database Administration Item Details Document title: Interpreters Owner: Criminal Justice Author / Reviewer: Date of last review: 21/06/2016 Date of next review: 21/06/2020 The Equality and Human Rights Assessment for this policy is held on Force Registry which can be accessed via this link. The table below details revision information relating to this document: Topic title Date Added in section Interpreters for Crown or Magistrates 19/10/2016 Court due to change in process and language supplier. Changes to reflect the change of contracted supplier, 27/03/2017 changed to Language Empire (LE) from 1 st April Inclusion of references to Police Service User guide; payment terms and references to Force internal intranet page. Changes to process in relation to the provider being Unable to Supply. Interpreters Page 6 of 6