Wales and Cheshire Region Practice Direction
The Use of the Welsh Language in Cases in the Crown Courts in Wales
The purpose of these Directions is to reflect the principle of the Welsh Language Act 1993 that in the administration of justice in Wales the English and Welsh languages should be treated on a basis of equality.
It is the responsibility of the legal representatives in every case in which the Welsh language may be used by any witnesses or party or in any document which may be placed before the Court to inform the Court of that fact so that appropriate arrangements can be made for the listing of the case.If the possible use of the Welsh language is known at the time of committal, transfer or appeal to the Crown Court, the Court should be informed immediately after committal or transfer, or when the Notice of Appeal is lodged. Otherwise, the Court should be informed as soon as the possible use of the Welsh language becomes known.
If costs are incurred as a result of failure to comply with these Directions, a wasted costs order may be made against the defaulting party and/or his legal representatives.
The law does not permit the selection of Jurors in a manner which enables the Court to discover whether a Juror does or does not speak Welsh or to secure a Jury whose members are bilingual to try a case in which the Welsh language may be used.
An advocate in a case in which the Welsh language may be used must raise that matter at the Plea and Directions Hearing and endorse details of it on the Judge's Questionnaire so that appropriate directions may be given for the progress of the case.
The listing officer, in consultation with the Resident Judge, should ensure that a case in which the Welsh language may be used is listed:
a. wherever practicable before a Welsh speaking Judge; and
b. in a Court in Wales with simultaneous translation facilities.
Whenever an interpreter is needed to translate evidence from English into Welsh of from Welsh into English, the court manager in whose court the case is to be heard shall ensure that the attendance is secured of an interpreter whose name is included in the list of approved court interpreters.
a. The Jury Bailiff when addressing the Jurors at the start of their period of jury service shall inform them that each Juror may take an Oath or affirm in Welsh or English as he or she wishes.
b. After the Jury has been selected to try a case, and before it is sworn, the Court officer swearing-in the Jury shall inform the Jurors in open court that each Juror may take an Oath or affirm in Welsh or English as he or she wishes.
When each witness is called the court officer administering the Oath or Affirmation shall inform the witness that he or she may be sworn or affirm in Welsh or English as he or she wishes.
Unless it is not reasonably practicable to do so, the opening and closing of the court should be performed in Welsh and English.
If any question or problem arises concerning the implementation of the above directions, contact should be made in the first place be made with the Liaison Judge for Welsh language matters on Circuit.
The Rt. Hon. The Lord Bingham of Cornhill
16 October 1998
<< Return to Practice Direction Index