Judge's Gavel. Credit: Thomas Roche/ flickr

By Rich Bowden:

Recent research carried out by the University of Western Sydney (UWS), has revealed the importance of accurate  interpreting in court trials.

The findings of the study, which were presented recently at the ‘Jury Research and Practice Conference’ at NSW Parliament House, show that misinterpreted evidence or statements by interpreters without specialist court training, can lead to unjust legal outcomes, according to a UWS news release.

Associate Professor Sandra Hale, from the UWS Interpreting and Translation Research Group, who conducted the research, said the believability of the witness and defendants who do not speak English is often in the hands of the interpreters adding that accuracy of testimony or evidence was therefore of paramount importance.

“In the court of law, witnesses and defendants are judged not only on what they say, but how they say it,” says Associate Professor Hale. “When the testimony of a person who cannot speak English is required, the impression they make within the court is completely in the hands of their interpreter.”

“If even the smallest change is made to the person’s style or the content of their speech, the believability of their testimony could be affected,” she said.

Professor Hale added that human beings assess each other’s intelligence, credibility, personality, trustworthiness, and competence based on the way they speak.

“During legal proceedings, magistrates and juries may inadvertently judge the testimony of a witness or defendant based on the speech and mannerisms of the interpreter,” she says.

“As the perceptions of the magistrate and jury often dictate a person’s future, it is of the utmost importance that court interpreters undergo training to ensure that their interpretations of testimonies are complete and accurate.”

Tags: court interpreter, non english court testimony, university of western sydney, UWS