Truth through Court Interpreters
International Journal of Evidence & Proof, Vol. 13, pp. 212-224, 2009
8 Pages Posted: 10 Jun 2009 Last revised: 13 Mar 2011
Date Written: April 25, 2009
Abstract
This article examines the law and ethical principles applicable to the interpretation of trial evidence as developed in Hong Kong, but with comparative reference to other jurisdictions where pertinent. The rationale for the right to interpretation and the main applicable precepts are considered. An examination of case law indicates a general lack of awareness amongst legal practitioners and judges of the evidential and ethical rules applicable to court interpretation, which may in some cases lead to miscarriages of justice and quashed convictions. The article concludes by arguing for a reappraisal of the importance of court interpretation and for making an understanding of the relevant rules more central to the discipline of criminal evidence.
Keywords: Criminal trials, Hong Kong, Right to interpretation, Fair trial, Ethical codes
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