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CRIMINAL PRACTICE RULES 1999 - REG 54AL
Court may give directions in relation to interpreters
54AL Court may give directions in relation to interpreters
(1) The court may at any time, having regard to the nature of a proceeding
(including the type of allegations made in the proceeding and the
characteristics of the parties, the witnesses and the accused person), give
directions relating to 1 or more of the following matters— (a) any
particular attributes required or not required for an interpreter to
accommodate any cultural or other reasonable concerns of a party, a witness or
the accused person, including, but not limited to— (i) gender; and
(ii)
age; and
(iii) ethnic, cultural or social background;
(b) the number of
interpreters required in the proceeding and whether relay interpreting should
be used;
(c) establishing the expertise of an interpreter;
(d) the steps to
be taken to obtain an interpreter who is certified, registered or recognised
by a recognised agency or is otherwise qualified to act as an interpreter;
(e) the steps to be taken before an order under rule 54AG is made;
(f) the
information about the proceeding that may be provided to a person in advance
of any hearing in the proceeding to assist the person to prepare to act as an
interpreter for the hearing, including, but not limited to— (i) the
indictment or charge sheet; and
(ii) affidavits and statements; and
(iii)
lists of witnesses; and
(iv) other documents;
(g) when, and in what
circumstances and under what conditions (if any), the information mentioned in
paragraph (f) may be provided;
(h) whether an interpreter is to interpret a
witness’s evidence consecutively, simultaneously or in some other way;
(i)
other resources an interpreter may need to consult in the course of acting as
an interpreter, including, for example, dictionaries and other reference
works;
(j) the length of time for which an interpreter should interpret
during a hearing without a break;
(k) security for an interpreter, including,
if necessary, arrangements to preserve the anonymity of the interpreter;
(l)
practical matters relating to an interpreter, including, for example, the
seating for and the location of the interpreter, and any necessary equipment
to assist the interpreter;
(m) the disqualification, removal or withdrawal of
an interpreter, including on the application of the interpreter or any party
to the proceeding or by the court on its own initiative;
(n) the payment of
interpreters;
(o) any other direction the court considers appropriate.
(2)
Subrule (1) does not limit the generality of the court’s power to control
its own procedures.
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