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The Right to Interpretation and Translation in Criminal Proceedings (Scotland) Regulations 2014

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PART 3Court proceedings

Right to interpretation assistance in court proceedings

8.—(1) Where a person is the subject of criminal proceedings, the court hearing those proceedings must take all reasonable steps to determine whether the person requires any interpretation assistance because the person—

(a)does not speak English;

(b)does not understand English;

(c)has a hearing impediment; or

(d)has a speech impediment.

(2) Where the court determines that the person requires interpretation assistance, it must ensure that arrangements are made for the person to be provided with that assistance—

(a)at every diet in the proceedings at which the person is due to appear;

(b)for the purpose of safeguarding the fairness of the proceedings in accordance with the Directive.

(3) The court may arrange for interpretation assistance to be provided from a remote location by means of communications technology, only if it considers that to do so would be appropriate in the circumstances and would not prejudice the fairness of the proceedings.

Right to translation of essential documents in court proceedings

9.—(1) Where a person is the subject of criminal proceedings, the court hearing those proceedings must take all reasonable steps to determine whether the person requires a translation of all essential documents because the person does not understand English.

(2) Where the court determines that the person requires such a translation, it must ensure that arrangements are made (or, as the case may be, have been made) for the person to be provided with a written translation of all essential documents—

(a)within a reasonable period of time;

(b)for the purpose of safeguarding the fairness of the proceedings in accordance with the Directive.

(3) Despite paragraph (2), the person may be provided with—

(a)a written translation only of such part or parts of an essential document as are relevant for the purpose mentioned in that paragraph; or

(b)an oral translation or oral summary of an essential document, instead of a written translation, unless this would prejudice the fairness of the proceedings.

(4) In this regulation, “essential document” means—

(a)any of the following in so far as they are required by any enactment to be provided to the person in writing—

(i)a document authorising the deprivation of the person’s liberty;

(ii)a document charging the person with having committed an offence;

(iii)a court judgment relating to the proceedings; and

(b)any other document which the court hearing the proceedings determines to be essential for the purpose of safeguarding their fairness.

Power under regulation 9(4)(b) to determine any document to be essential: further provision

10.—(1) The court may make a determination under regulation 9(4)(b)—

(a)on the application of a person entitled under this Part to be provided with a translation of all essential documents; or

(b)of its own accord.

(2) An application under paragraph (1)(a)—

(a)is to be made orally;

(b)must be made as soon as reasonably practicable and may be made at a trial diet only if the court, on cause shown, allows it; and

(c)(without prejudice to any right of appeal in relation to a determination that a document is not essential for the purpose of regulation 9(4)(b)) may be made on one occasion only in relation to a particular document.

(3) Before making a determination under regulation 9(4)(b), the court must give the following persons an opportunity to make representations—

(a)the prosecutor; and

(b)where the court is considering making a determination of its own accord, the person mentioned in paragraph (1)(a).

Application for a review of a determination made under regulation 8 or 9

11.—(1) Paragraph (2) applies where a court has determined—

(a)under regulation 8(1), that a person does not require any interpretation assistance; or

(b)under regulation 9(1), that a person does not require a translation of all essential documents.

(2) The person may (on one occasion only) apply to the court which made the determination for a review of its determination.

(3) If, on reviewing its determination, the court determines that the person requires interpretation assistance or a translation of all essential documents, it must give such direction as it considers necessary to safeguard the fairness of the proceedings.

(4) Nothing in this regulation affects any right of appeal in relation to the determination being reviewed.

Application for a direction in relation to interpretation assistance and translation of essential documents in court proceedings

12.—(1) A person entitled under this Part to be provided with interpretation assistance, or a translation of all essential documents, may apply to the court to give a direction if—

(a)the person is not provided with interpretation assistance or the interpretation assistance provided is of insufficient quality to safeguard the fairness of the proceedings; or

(b)(as the case may be) the person is not provided with a written translation, oral translation or oral summary of all essential documents within a reasonable period of time, or any written translation, oral translation or oral summary provided is of insufficient quality to safeguard the fairness of the proceedings.

(2) On determining an application made under paragraph (1), the court must give such direction as it considers necessary to safeguard the fairness of the proceedings.

(3) In this regulation, “the court” means the court hearing the criminal proceedings in connection with which the application is made.

Applications under regulations 11 and 12: further provision

13.—(1) An application under regulation 11(2) or 12(1)—

(a)is to be made orally; and

(b)must be made as soon as reasonably practicable and an application under regulation 11(2) or 12(1)(b) may be made at a trial diet only if the court, on cause shown, allows it.

(2) Before determining an application made under regulation 11(2) or 12(1), the court must give the prosecutor an opportunity to make representations.

Information to be recorded by the clerk of court

14.  The clerk of court must make a record of any of the following which apply—

(a)the fact that interpretation assistance is provided under this Part;

(b)the fact that an oral translation or oral summary of an essential document is provided under this Part;

(c)the fact that a waiver is given to the court under regulation 15(1) by a person who is the subject of criminal proceedings.

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