Wales and Cheshire Region
Protocol for Listing Cases where the Welsh Language is used
The following guidance should be followed when the court is informed that a party or any of the witnesses wishes to use Welsh during any part of the proceedings. It should be noted that in accordance with Section 22(1) of the Welsh Language Act 1993
“ In any legal proceedings in Wales the Welsh language may be spoken by any party, witness or other person who desires to use it, subject in the case of proceedings in a court other than a magistrates' court to such prior notice as may be required by rules of court; and any necessary provision for interpretation shall be made accordingly.”
Accordingly, the individual who wishes to use Welsh in the proceedings, has the right to do so and should not be required to justify or limit the extent to which he does so. The fact that the individual is bilingual and is competent in English does not affect or limit his right to use the Welsh language. Having regard to the principle of equality, it is essential that the use of Welsh does not result in any disadvantage to any of the parties or the witnesses by reason of delay in listing or deficiencies in the arrangements made for interpretation.
Protocol to be followed:
1. On receiving information that a case is likely to involve the use of Welsh, the listing officer should immediately contact one of the two Liaison Judges.
2. In the Crown Court the Plea and Case Management hearing should be listed before one of the Liaison judges or a Welsh-speaking judge. If it is not known, prior to the Plea and Case Management hearing, that the defendant wishes to speak Welsh, the case should either be listed for sentence or mention (as soon as is practicable) before a Welsh speaking judge.
3. At the Plea and Case Management Hearing or mention, the judge will need to give directions about the arrangements for translation. It is therefore essential that accurate information is obtained, as soon as possible, about the identity and number of defendants and/or witnesses (particularly any child or vulnerable witness) who wish to use the Welsh language. It is also helpful to identify whether trial counsel are Welsh speaking. (The Crown Prosecution Service has agreed to ensure that prosecution counsel will be Welsh speaking in such cases).
4. The listing officer should ascertain the availability of a Welsh-speaking judge before fixing the date of trial or sentence. A Liaison Judge must be informed immediately if there is any difficulty in doing so.
5. In the County Court on receipt of notification that a case is likely to involve the use of Welsh, the listing officer should immediately contact one of the two Liaison Judges.
6. On receipt of any Allocation Questionnaire and /or Listing Questionnaire (Pre trial checklist) the listing clerk must ensure that the question as to language preference has been answered and the necessary action taken if Welsh is to be used during the proceedings. It is also helpful to identify whether trial counsel are Welsh speaking – if not or only one is Welsh speaking two-way translation will be required.
7. The case should be listed before a Welsh-speaking judge. If there is any difficulty in doing so a Liaison Judge must be informed immediately.
8. The Judge to give consideration (in particular where the need for Special Measures are adopted) as to whether a Welsh-speaking usher / clerk is required for the hearing.
Interpreters
9. When any individual chooses to testify in Welsh any questions, put in English, must be translated into Welsh for his benefit. When there is a need for translation into English and Welsh, it is essential to have two interpreters present. Even in those cases, when the case only requires translation into one language (e.g. when both counsel speak Welsh), two interpreters are required for any hearing when the interpreter would have to translate for any length of time so that the interpreters have regular and frequent breaks without delaying or extending the length of the hearing unnecessarily.
10. Only interpreters on the approved list may be used. They should be selected, wherever possible, on a rotation basis, so as to ensure that they have an equal opportunity to gain experience and maintain their courtroom skills. In certain exceptional cases when there are child witnesses or issues of unusual complexity for example, and it would be desirable to have especially skilled and experienced interpreters, Margaret Davies or one of the Liaison Judges should be consulted as to the choice of interpreters.
11. The interpreters should be given every assistance in preparing for the hearing and allowed access to, or be given copies of, the witness statements and copies of the indictment before the hearing to allow them time to prepare and to note any unusual or specialist terminology which may be used during the hearing.
12. The court must ensure that the Welsh version of the interpreter's oath/affirmation is available in the courtroom.
Pre-recorded video evidence and video link
13. When a child or vulnerable witness has been interviewed on video in Welsh, the court shall give directions for adding sub-titles in English to the video. It is essential that these directions are given at the earliest opportunity so as to avoid delay.
Translation Equipment
14. The equipment used for translation must be tested at least 7 days before the hearing to allow time to obtain any additional equipment or, if necessary, the services of an engineer. In particular, the court must ensure that there are sufficient headsets (40 will normally be required for a jury trial). There must be a special enclosed headset for witnesses who will be questioned by English speaking counsel or on video link.
15. The equipment must be checked to ensure that two separate channels work with the headsets and that both languages are recorded separately.
16. Particular care should be taken in relation to any child or vulnerable witness who gives evidence by video link e.g., the witness should not be expected to wear a bulky headset. Appropriate equipment must be installed in the video link room which will transmit only the Welsh translation of any question asked of the witness. The witness must not hear any background noise or the English version of the question.
December 2005
The Honourable Mr Justice Pitchford
The Honourable Mr Justice Roderick Evans
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