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Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller

Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller

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Page 1: Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller

Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller

Page 2: Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller

All persons in court are entitled to: Be informed promptly, in a language which he

understands and in detail, of the nature and cause of the accusation against him

Have free assistance of an interpreter if he cannot understand or speak the language used in court

Page 3: Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller

The Interpreter Language mediator

Compared to “nothing short of a machine”

Must be unbiased

Judge obliged to ensure interpreter acts correctly

Page 4: Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller

The Translator Different skills to an interpreter

Applies to written documents

Page 5: Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller

The plea is uninformed if the defendant has not fully understood the nature of the case

to which he is pleading.

Page 6: Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller

Hearing or Speech Impairments Hard of hearing or speech impaired are

entitled to a qualified sign language interpreter or lip speaker

The court should appoint these aids and cover any costs

Page 7: Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller

Issues with Language Rights in the US 32 million people in the US whose primary

language is not English

Many court-ordered rehabilitation programmes are unable to accommodate non-English speakers

Several cases where unqualified interpreters are used

Page 8: Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller

Issues in North Carolina Interpreters not provided for first appearances

Confusion over who benefits from an interpreter

Interpreters not provided in small claims court

Often reliant on volunteer interpreters

Lack of interpreters leads to delays

Page 9: Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller

Language Rights for Children Since June 2011, additional support is given

automatically

Age, level of maturity, intellectual ability and emotional state should be taken into consideration

Environment should be modified where possible

Page 10: Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller

In order to participate effectively in a trial, a child needs to comprehend the charges and

possible consequences and penalties.

Page 11: Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller

Case Study 1 11 year old boy accused of stealing in the UK

Found to have a significant learning disability

Social worker support

Frequent breaks

However, did not fully understand the court process and expected to return home after the trial

Page 12: Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller

Case Study 2 Boy with ADHD, originally not given extra

support

However, a psychiatrist argued that this would enable a fair trial

Earlier decision reassessed

Page 13: Katherine Ashman, Kate Barradell, Holly Chandler and Daisy Wooller

Finish