PROCEDURE Use of Translators and Interpreters. Number: E 0115 Date Published: 1 July 2015

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1 1.0 Summary of Changes This procedure has been amended to replace reference to Language Line with ALS (Capital Translation and Interpreting). 2.0 What this Procedure is about This procedure guides officers in the use of interpreting and translation procedures. It defines a range of terms used within the process and tells officers how to make best use of the services. Compliance with this procedure and any governing policy is mandatory. 3.0 Detail the Procedure All interpreting services in Essex are provided by ALS (Capital Translation and Interpreting). Telephone interpreting service available anytime; Face to face interpreting services available anytime; Document translations available Monday to Friday hrs; Customer services for general enquiries available Monday to Friday hrs. Each District or Department has their own unique code and must be quoted when calling ALS. Interpretation normally takes place in the following formats: 3.1 Telephone Interpreting Telephone interpreting is already widely used at police stations and is suitable only for brief and straightforward communications such as: Obtaining initial details of incident/ first account/descriptions; Arranging appointments; Handling front-desk enquiries; Booking people into custody; Conversations with foreign nationals in public places. It is not appropriate for use in evidential procedures as there is no facility to make a note of the interview as required by Code C, section 13. The only exception to this is the use of telephone interpreting for the drink drive procedure. Page 1 of 8

2 Officers should be aware that telephone interpreting will not be suitable for people suffering from a hearing impairment. Officers requiring an interpreter trained in British Sign Language or reading skills should refer to section 3.4 below. Officers should provide the ALS ID code of their home or base station, not that of the station from where the call is made, and unless specifically authorised not to use one of the last four codes. If other codes are required, contact the Deputy Custody Commander, Criminal Justice & Offender Management (CJ&OM) Department, Headquarters. The service enables staff to access an interpreter within 90 seconds in order to complete the first contact with or give information to a person for whom English is not their first language. It can be used when using face to face communication or dealing with incoming or outgoing telephone calls. The cost of the service is 0.80 per minute, and starts the moment the ALS operator puts the interpreter on the line. The details of all calls are recorded and submitted to Essex Police for verification on a monthly basis. Calls of a long duration will be identified and officers may be required to justify their call. ALS telephone interpreters are not willing to provide statements or attend court. There is an emergency call handling service operated from within the Force Control Room (FCR) that can provide urgent translation on 999 calls. 3.2 Working Practices while on the Line Dos Do plan your conversation in advance if possible. Don ts Don t allow solicitors to use the service. Solicitors and others not working for or with Essex Police should be referred direct to ALS; Don t place the interpreter on hold; a series of short calls should be used if delay in continuing is anticipated; Don t speak more than one at a time; Don t ask the interpreter an opinion; Don t use jargon; Don t use for procedures where evidence is an issue, e.g., drink drive, unless you can record both sides of the call; Don t assume that the detainee cannot understand anything you say in English - be professional. Page 2 of 8

3 If you are unsure of the service provided by ALS or new to it, then let them know as they should assist you. ALS can be accessed, whilst on patrol, through the Airwave terminal in police vehicles. In order to ensure that personal safety is maintained the phone call must take place within a stationary police vehicle. If practicable, the hands-free facility should be used so that all parties can hear both sides of the conversation. Foot or cycle patrol officers or PCSOs should request a mobile unit to attend their location. If no vehicle is available best practice would be to return to police premises to complete the enquiry. 3.3 Documentation When you are connected to an interpreter they will identify themselves by name and an identification (ID) number. A record should be made of this ID number and the duration of the call on whatever documentation is appropriate. Should an occasion arise where there is not a suitable format to make a record of the call, a brief note of Code, Station, PIN, ID number and duration should be made in the officer s pocket book. 3.4 Face to Face Interpreter Face to face interpreting will be obtained by phoning ALS and selecting the appropriate option. Face to face interpreters work with different languages or forms of communication including British Sign Language (BSL), Lip Speaking (LSP) Speech to Text Reporting (STTR) and Deafblind Manual Interpreter (DMI). There is often a correlation between a persons inability to hear and their level of literacy. As well as assistance with specialist interpreters individuals with a hearing impairment may also require additional assistance in understanding the relevance of any question or document put to them. It is essential that interpreters used to assist police in matters that are likely to result in criminal proceedings are competent. Therefore all interpreters will be obtained from ALS. ALS aim to provide a level of service that includes 2 hour confirmation of the booking and attendance at the required location within 8 hours. They will provide an estimated time of arrival of the interpreter enabling all parties concerned to be updated. Page 3 of 8

4 If, in exceptional circumstances, it is not possible to select an interpreter from ALS, officers may wish to consider the following agencies: The Association of Police and Court Interpreters (APCI); The Institute of Translation and Interpreting (ITI); The British Deaf Association (BDA); The Royal National Institute for Deaf People (RNID) or; The Association of Sign Language Interpreters (ASLI). It is essential that where any interpreter is selected from any other source, officers should satisfy themselves that the interpreter has sufficient academic qualifications or proven experience to undertake this particular role. Officers should be mindful that the use of interpreters from any other source should be avoided in all but the most extreme of circumstances, as their competence and experience will vary widely and may affect the admissibility of their evidence in court. Officers should be aware that if they use an interpreter that was not sourced via ALS they must obtain a copy of the admin documentation provided by the interpreter and submit it to Exchequer Services at Headquarters with a short report as to why they had to go down that route. If this report is not submitted to Exchequer Services the account may not be paid. 3.5 Booking The officer in the case will be responsible for booking and warning interpreters in the following circumstances: a) When interviewing suspects, victims or witnesses in the course of a criminal investigation; b) When a person is charged with an offence and detained by police for a Magistrates' Court hearing the following day, over a weekend or Bank Holiday, or where the defendant will first appear in Court within two working days (not including Saturdays) of being charged, whether or not that person is held in custody or is released on bail. This responsibility only applies to Essex courts, if the detainee is remanded to a foreign court e.g. on a no bail warrant, then the custody officer must inform that court of the requirement for an interpreter. Officers must be aware that an interpreter used for an interview for a detainee who is subsequently remanded in custody must not be booked for the remand hearing. The OIC must contact ALS and book a separate interpreter for the court hearing; c) When an interpreter is requested by the Crown Prosecution Service (CPS) or on behalf of a prosecution witness. Page 4 of 8

5 The above arrangements will not be used to book an interpreter on behalf of any other investigating agency. The responsibility to make arrangements will remain that of the other agency but officers and staff will be expected to provide assistance where necessary. There are a limited number of interpreters and officers should ensure they mark the interpreter box (9) on the MG6 and include the full details of the interpreter used on the rear of the MG6. This information will be forwarded to the courts by Criminal Justice & Offender Management Department (CJ&OM) staff to ensure a different interpreter is used during the court proceedings. If an interpreter is required for b) above, the OIC must book that Interpreter through ALS and MUST NOT use the same interpreter used for the interview etc. 3.6 Competence of Interpreters Officers booking interpreters should always satisfy themselves: The interpreter speaks, reads and writes fluently the same language and dialect as the victim, witness or suspect, and that the interpreter is competent to interpret any specialised subject matter of the case, where appropriate; The witness, victim or suspect is not previously known to the interpreter in anything other than their professional capacity, and that the interpreter has no other interest in the case (personal, financial or commercial); That any issues of conflict such as the gender, religion, regional origins, political affiliation and cultural background of the interpreter or subject are avoided. 3.7 Identity Checks Officers engaging interpreters are reminded that the interpreter's identity should be checked upon arrival. This is to ensure that the person arriving is the person who has been contracted for that assignment and therefore has the skills and experience to carry out the task. All interpreters supplied via ALS should be registered with the National Register for Public Service Interpreters (NRPSI) or National Register for Communication Professional working with the Deaf or Deafblind people (NRCPD) and must have their identification with them. If anyone attends and does not have their identification with them they must not be allowed access to the station. They can either return home and collect their identification, or another interpreter must be obtained. 3.8 Security Clearance Security clearance should be considered in relation to any interpreters who are used by police but who are not registered with either of the recommended registers. Officers are recommended to undertake their own additional checks with local intelligence and PNC. Page 5 of 8

6 3.9 Attendance by Interpreters at Places other than a Police Station Those responsible for requesting the attendance of interpreters should take responsibility for ensuring their safety. Officers should meet the interpreter and transport them to the place required wherever possible. Officers should also ensure the interpreter is properly briefed on the situation and that their safety is considered whilst they carry out the assignment Payment Interpreters will have a ALS booking form with them which they will complete before leaving the station and will ask the Custody Sergeant or other officer to sign to say that the details are correct. The officer signing should check that the departure point post code and the police station post code are entered on the form Document translations Where a translator is required for documents officers should consider the following: Length of source text; Subject matter; Level of technicality; Purpose of translation, such as evidential, background information, etc; Deadline; Formatting and layout required; The translator will be obtained from ALS using the above telephone number and choosing the appropriate option. It is essential that officers implement the following security considerations when dealing with document translations by translators away from police premises. If a hard copy document is to be translated, the document must be photocopied and a copy forwarded to the translator. The translator must be told that once they have completed the translation it should be returned by post, together with the original photocopy, to the officer requesting the translation. Once the translation has been received the investigating officer should contact the translator to acknowledge receipt and request that they delete any electronic copies of the translation they have made or used. If a document is to be sent by electronically then it must be password protected before being embedded within the . The password to open the document must be forwarded to the translator by separate . Page 6 of 8

7 The translator must be informed that once the translation has been produced it should be returned to the investigating officer in an electronic form. Upon receipt the Investigating officer will acknowledge receipt and request that any electronic copies of either the original document or the translation be deleted. 4.0 Equality Impact Assessment EIA form 5.0 Risk Assessment Failure to use an appropriate means of translation could mean that vital information is not passed to the police or that a victim suffers further loss or injury or that a case is lost at court because evidence is excluded. 6.0 Consultation Custody Inspectors Federation Unison Health & Safety Diversity Unit 7.0 Monitoring and Review This procedure will be reviewed by, or on behalf of, the Head of Criminal Justice & Offender Management Department every 12 months to ensure it remain accurate and fit for purpose. 8.0 Governing Force policy. Related Force policies or related procedures E 0100 Policy - Custody E 0101 Procedure Detainee Reception E 0102 Procedure Violent Detainees E 0103 Procedure Juvenile, Young Person Arrest, Reception and Detention E 0104 Procedure Post Reception Detainee Care E 0105 Procedure Independent Custody Visits E 0106 Procedure Applications for Warrants of Further Detention E 0107 Procedure Pre Release Risk Assessment E 0108 Procedure Electronic Monitoring E 0109 Procedure Military Personnel E 0110 Procedure Custody Development Programme E 0111 Procedure Dealing with Persons who have Swallowed Drugs E 0112 Procedure Digital CCTV Systems in Custody Page 7 of 8

8 9.0 Other source documents, e.g. legislation, Authorised Professional Practice (APP), Force forms, partnership agreements (if applicable) ACPO Website for National Guidance and Fees Each District or Department unique code Page 8 of 8