The Armed Forces (Interpretation, Translation and Alcohol and Drug Tests) Rules 2013

Summary hearings etc rules

13.  After rule 33 insert—

“Interpretation, translation and communication through an intermediary

33A.— (1) This rule applies unless the commanding officer is satisfied that the offender does not need interpretation.

(2) The commanding officer shall appoint an interpreter to act at the hearing.

(3) On application or on his own initiative, the commanding officer may require a written translation of any document or part of a document to be provided for the offender, unless―

(a) translation of that document, or part, is not needed to explain the purpose of the hearing; or

(b) the offender agrees to do without, and the commanding officer is satisfied—

(i) that the agreement is clear and voluntary; and

(ii) that the offender has had legal advice or otherwise understands the consequences.

(4) If so requested by the offender, the commanding officer shall take such steps as he thinks appropriate, including the appointment of a different interpreter, where―

(a) no interpretation is provided;

(b) no translation is required, or provided, in response to a previous request by the offender; or

(c) the offender complains about the quality of any interpretation or translation provided.

(5) Where the offender has a hearing or speech impediment, references in this rule to an interpreter include a person appointed—

(a) to communicate to the offender anything said at the hearing, and explain it so far as necessary to enable the offender to understand it, or

(b) to communicate any answers given by the offender, and any other matters that the offender seeks to convey, and explain them so far as necessary to enable the commanding officer to understand them,

and references to interpretation shall be construed accordingly.”.