Ensuring Accuracy in Court: Changes to Practice Direction 32 for Non-Native English Witnesses
In April 2020, changes were implemented to Practice Direction 32 in relation to witness statements, crucial documents that must be prepared with careful attention and in a prescribed format. Some of these changes impact statements made by individuals whose first language is not English. Usually, a solicitor requires an interpreter to assist them in gathering the facts and preparing the statement in these cases; we outline below how this process has changed and how we have been able to assist.
Changes Made to Practice Direction 32
PD32 para 18.1 now states: The witness statement must, if practicable, be in the intended witness’s own words and must in any event be drafted in their own language…
PD32 para 23.2 now states: where a witness statement is in a foreign language, the party relying on it must have it translated, and file the foreign language witness statement with the court, and the translator must sign the original statement and must certify that the translation is accurate.
Prior to these changes, most solicitors would record a witness statement in English and then have this translated into the witness’s first language for any queries to be discussed. However, under the new regulations, interpreters are assuming a significantly greater level of responsibility.
Navigating Change: The Impact on Interpreters
At ABC Translations, we primarily work alongside personal injury lawyers and, in all cases involving witnesses who do not speak English as their first language, support from an interpreter is essential. While interpreters have always provided support in facilitating fact-finding discussions, solicitors now often require them to work directly with the witness to draft the statement in their first language.
Most of our interpreters have embraced this challenge and are willing to offer this new service and assist with the creation of a witness statement where the witness is unable to write it themselves. During the meeting, the interpreter either drafts the statement in collaboration with the lawyer and witness or otherwise gathers the necessary notes so they can draft the statement afterwards. Whether the statement is drafted during the meeting or afterwards depends on the complexity of the issue, how long the meeting is scheduled for, how much interpretation the witness requires and on occasion is down to the interpreter’s preference. This statement is then reviewed and approved by the witness prior to being translated into English.
By definition, interpreters mediate languages orally, so these changes have altered their role significantly. However, many interpreters have adopted these changes as a way to broaden the scope of their role.
Here at ABC Translations, we have worked to make this transition as seamless as possible for our interpreters. We ask all our solicitors to provide a template so that interpreters can insert the information under the relevant headings and at times, where agreed, the meeting is recorded to ensure that the key points of the conversation are included in the statement. We act as a liaison to ensure that this draft statement is delivered promptly, allowing for any potential queries to be assessed and resolved. Approval from the witness is always required, and after we obtain this, we hand over to our linguist for the English version to be created, as required by PD32 para 23.2.
Often, in cases involving different script languages, where the statement is typed during the meeting, such as Punjabi (which may require the Shanmukhi or Gurmukhi alphabets), Arabic or Chinese, a special keyboard is required. Some interpreters are able to attend the meeting with a laptop fully equipped with such features, while others have this set up in their home office.
Managing Transition: Adapting to New Legal Requirements at ABC Translations
These amended requirements have introduced a new type of interpreting service. While this has proven to be a challenge at times, here at ABC Translations we have welcomed this change and quickly adapted to deal with these new requests. Thanks to our professional and expert team, we have been able to meet the specific requirements of each individual case. Additionally, we have developed an efficient process to cover all the necessary steps and to fulfil our customers’ needs. For instance, there are times where solicitors still prefer to handle translations of witness statements according to the previous regulations, and we are able to accommodate this where requested.
As a translation agency, we have access to a diverse range of freelance professionals. This flexibility allows us to select professional interpreters for each specific case based on the language, date, time and location. It is important to note that holding remote rather than in-person meetings enables us to choose from a greater pool of interpreters as they are not geographically restricted.
In all cases, we aim to negotiate the best deal for our customers without sacrificing the quality of our services. When an interpreter is also qualified to translate a foreign language statement into English, we will quote using their services to ensure consistency and offer the best package possible. However, due to the nature of the industry, this is not always feasible. Some interpreters may not provide a written translation service, so in some circumstances we must source a different linguist.
In any scenario, our translator will always sign the original statement and certify that the translation is accurate as per PD32 para 23.2.
Should you need any further information about how we can assist with the preparation of foreign-language witness statements, and what is now required by the Courts, do please contact us using the link below.
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