Working with Interpreters (GPN-INTERP)

Annexure A: Code of conduct for interpreters in legal proceedings

1. Application of code

This Code of Conduct applies to any person (the "Interpreter") who whether or not for a fee or any other reward is engaged, appointed, volunteers or otherwise becomes involved in proceedings or proposed proceedings to carry out the office of interpreter by interpreting or sight translating from any spoken or signed language (the "other language") into English and from English into the other language for any person.

2. General duty to the Court 

1. In view of their special status in the administration of justice, an Interpreter has an overriding duty to assist the Court impartially.

2. An Interpreter's paramount duty is to the Court and not to any party to or accused or witness in the proceedings (including the person retaining or paying the Interpreter).

3. An Interpreter is not an advocate, agent or assistant for a party or accused or witness.

3. Duty to comply with orders and directions

An Interpreter must comply with any order or direction of the Court.

4. Duty of accuracy

1. An Interpreter must at all times use their best judgment to be accurate in their interpretation or sight translation.

2. In this code "accurate" means the optimal and complete transfer of the meaning from the other language into English and from English into the other language, preserving the content and intent of the communication made in the other language or in English (as the case may be) without omission or distortion and including matters which the Interpreter might consider inappropriate or offensive.

3. If an Interpreter considers that their interpretation or sight translation is or could be in any way inaccurate, incomplete or requires qualification or explanation (including, without limitation, where the other language is ambiguous or otherwise unclear for any reason), then:

a. the Interpreter must immediately inform the party or accused who engaged them and provide the necessary correction, qualification or explanation to that party; and

b. if their evidence is being given or was given in Court, immediately inform the Court and provide the necessary correction, qualification or explanation to the Court.

5.  Duty of impartiality

1. An Interpreter must at all times carry out the office of interpreter impartially so as to be without bias in favour of or against any person, including but not limited to the person whose evidence the Interpreter is interpreting, the party or accused who has engaged or is remunerating the Interpreter, or any other party to or person involved in the proceedings or proposed proceedings.

2. Unless the Court orders otherwise, an Interpreter must not accept an engagement or appointment to carry out the office of interpreter in relation to a proceeding or proposed proceeding if the Interpreter:

a. is or may become a party or a witness;

b. is related to, or has a close personal relationship with, a party or accused or a member of the party's or accused's family, or with a witness or potential witness;

c. has or may have a financial or other interest of any kind whatsoever in the outcome of the proceeding or proposed proceeding (other than an entitlement to a reasonable fee for the services provided by the Interpreter in the course of their engagement or employment); or

d. is or may be unable to fulfil their duty of accuracy or impartiality for any reason including, without limitation, personal or religious beliefs, cultural reasons or any other reasonable concerns.

3. Other than carrying out their engagement or appointment in the office of interpreter, an Interpreter must not provide any other assistance, service or advice (including by way of elaboration) to:

a. the party, accused, legal representative or other person who has engaged them; or

b. any witness or potential witness,

in relation to the proceeding or proposed proceeding.

6. Duty of competence

1. An Interpreter must only undertake work they are competent to perform in the languages for which they are qualified by reason of their training, qualifications or experience.

2. If it becomes apparent in the course of a matter that expertise beyond their competence is required, the Interpreter must inform the Court immediately and work to resolve the situation, either withdrawing from the matter or following another strategy acceptable to the Court.

7. Confidentiality

Subject to compulsion of law, an Interpreter must keep confidential all information in any form whatsoever which the Interpreter acquires in the course of their engagement or appointment in the office of interpreter (including any communication subject to client legal privilege) unless:

1. that information is or comes into the public domain other than by an act of the Interpreter in breach of this duty of confidentiality; or

2. the beneficiary of the client legal privilege has waived that privilege.