Row erupts over police interpreters
Detainees at police stations in four areas of the north-west are at risk of miscarriages of justice due to the police forces’ use of inadequate interpreters, the Gazette has been told.
The Professional Interpreters Alliance (PIA) has been granted permission to begin a judicial review of a decision by police authorities in Greater Manchester, Merseyside, Lancashire and Cumbria to outsource their interpreting services and enter an exclusive agreement with Applied Language Solutions (ALS).
PIA, which represents the interests of interpreters who are registered with the National Register of Public Service Interpreters, alleges in its judicial review claim that commercial agencies such as ALS ‘compromise standards of quality of service by the use of unqualified interpreters’.
ALS denies the claims.
Rob Taberner, police station representative for Bolton firm Fieldings Porter, said that since the new contracts began in August, people who are not properly qualified have been sent to the police station to interpret.
‘They sometimes cannot translate properly and do not understand simple legal terms, which is a fundamental part of their job,’ he said.
Where the police cannot get an agency interpreter before the custody time limit expires, Taberner said he had heard of detainees being charged and sent to court without a proper understanding of why they were there. ‘It’s a farcical situation that could lead to miscarriages of justice,’ said Taberner. ‘They want a professional job done on the cheap.’
Lina Tsui-Cheung, an associate at Manchester firm ABM, said she had noticed a similar decline in standards since the new contracts began in August, and her firm had experienced ‘a lot of difficulties’ under the new arrangement.
‘The agents are of poor competence. It appears to me that what is translated is not always correct, and clients have told me that they are not always able to understand the interpreter, or what they are being asked,’ she said.
An ALS spokeswoman said: ‘The interpreters providing interpreting services to the criminal justice system have grave professional responsibilities. Work allocated to interpreters by Applied Language Solutions is done under the terms of the National Framework Agreement, which details the qualifications required to undertake legal interpreting assignments in the UK.’
She added that it was ‘not true’ that ALS interpreters struggle to understand basic terms.
Ian Kelcey, chair of the Law Society’s criminal law committee, stressed the importance of properly qualified translators. ‘Accurate interpretation at the police station is absolutely vital to avoid miscarriages of justice,’ he said.
In their acknowledgment of service of the judicial review claim, the police authorities said they had undertaken a ‘rigorous procurement exercise’ before awarding the contracts to ALS, which was ranked highest by the panel.
They said: ‘The central aims of initiating the procurement process were the freeing up of administration resources, matching availability to demand, and control over the budget, without compromising the quality of the interpreters provided.’
The forces said they were satisfied that the interpreters engaged ‘would be provided as and when required and that they would be competent’.


Comments
When interpreters are getting
When interpreters are getting paid more than the solicitor giving the advice, one would hope they could do the job
Some Interpreters 'P' me off!
The problem I have with interpreters is that some of them try to undermine you by trying to advise the client in their native tongue, thinking that you do not know what they are saying. I had a similar problem recently with a Romanian interpreter doing that same thing. Luckily, I speak Latin so I knew exactly what she said. When I confronted her about it a few seconds later she tried to make out as if she forgot what she said, and started to argue with me. Lying toad! Anyway, I had no choice but to make a complaint to the police. I have not heard anything about it since I made the complaint.
Latin and the law
I know what you mean - when Latin speaking lawyers like you probe the twin vexed issues of gross malchausement and petty serjaunty, you always heed the Latin words of Romanian Ilie Nastase, fomer tennis supremo:
Arma virumque cano, Troiae qui primus ab oris
Italiam, fato profugus, Laviniaque venit
litora, multum ille et terris iactatus et alto
vi superum saevae memorem Iunonis ob iram;
multa quoque et bello passus, dum conderet urbem,
inferretque deos Latio, genus unde Latinum,
Albanique patres, atque altae moenia Romae.
Musa, mihi causas memora, quo numine laeso,
quidve dolens, regina deum tot volvere casus
insignem pietate virum, tot adire labores
impulerit. Tantaene animis caelestibus irae?
Interpreters
In modern Britain, what you get paid has little, if any, relationship to what you know and what your responsibilities are. Solicitors have allowed themselves to be downgraded and sold short; it is not surprising that they have fallen behind both in remuneration and respect both from themselves and the outside world.
The phrase 'solicitors have
The phrase 'solicitors have allowed themselves...' is very apt. Legal Aid lawyers complain about loss of income, yet quite happily go along with every crackpot scheme that the LSC comes up with. Solicitors complain incessantly about how the Law Society fails to represent them, yet do nothing about it except moan through the pages of the Gazette. Conveyancers complain about low fees, yet their firms are quite happy to pay referral fees to estate agents and seek a competitive advantage by undercutting their rivals. If, as a profession, you don't value yourselves, then why should anyone else?
I hear you...
I hear what your saying John but what exactly can we do about it? The government's current planned cuts in the legal aid bill have showed me and every other legal aid solicitors that the Law society has no teeth, and as a profession we are not respected neither are we united.
Interpreters and "Nonterpreters"
@ Replica: Registered Public Service Interpreters (RPSIs) who previously served the police as independent freelancers are subject to a Code of Conduct and a Disciplinary Procedure. To advise a suspect is a disciplinary matter. If any interpreter is not on the NRPSI or a member of another professional body named in the National Agreement, they have no Code of Conduct to adhere to and are not subject to any disciplinary procedure. Nor are they likely to have professional indemnity insurance to cover their work, or the basic CRB checks or higher levels of security clearance as professional interpreters do. ALS does not have access to many RPSIs in the area because hundreds of PIA's members are actively boycotting the agency.
@ Anonymous: Interpreters have never been paid more than solicitors although commercial agencies may be charging public services those kind of rates. HMCS' agreed rates for (qualified, registered) court interpreters are published online, as are those for many police forces, so you can easily inform yourself about the veracity of your own claims. Our rates have had no increase for almost a decade now. The consequence of ALS has been to do away with the minimum call out fee (that was equivalent to 2 hrs in the GMP area and 3hrs elsewhere) and to stop paying for travel time altogether. The normal daytime rate used to apply from 8am to 6pm, now a normal working day is considered to be 6am to 8pm. Rates for nights and weekends were slashed drastically. Professional interpreters (who pay their own taxes, NI contributions from what you consider to be our obscenely high pay, not to mention not having paid holidays or sick leave and effectively being on call 365 days a year/24 hours a day) cannot make a living on these rates. In addition, there are concerns about ALS' other business practices such as the unsafe processing of data.
The bottom line is that the police forces did not consult with interpreters before engaging ALS. Registered Public Service Interpreters, on the other hand, have been seeking dialogue with the police forces since January 2009. There was no need for PIA members to have to raise thousands of pounds in order to bring the Judicial Review proceedings.
The writing's been on the
The writing's been on the wall for Legal Aid for over 20 years - my firm gave up criminal legal aid in 1990 as the rates were so low even then - anyone any idea what the current rates are for prep time and attending at court?
Thankyou, checked my facts
Thankyou, checked my facts and you do get paid more than solicitors. Who do you think pays our NI and tax by the way not to mention sky high overheads which you are not prone to suffer
Invalid comparison
It is possible that interpreters (some of them) get more PER HOUR than solicitors (some of them).
but the average interpreter works less than 8 hours a week, at a daytime high of £30 per hour.
I'd love to meet a solicitor who earns less than £240 a week. Even those in immigration law centres do better than that.
REGULARITY OF STIPEND is a significant factor. Try getting a mortgage without one.
I suppose..
the best advice for anyone who doesn't speak English, is not to commit a crime when visiting Britain. Funny thing is that I am 44 years of age, British and haven't yet been arrested by the police.
Reply
@ “common sense in a PC world”
Victims and witness who don’t speak English also need interpreters.
Do you know how many British nationals are detained abroad every year? Lots! And many don’t speak the language and need interpreters.
Solicitors earn less, so what?
@Anonymous.
Your claim that solicitors giving advice earn less than interpreters may or may not be true, I simply would not know as there are too many variables to check this. But let's assume you are correct. So what? Just because solicitors accept lower pay, interpreters should do too? Or are you suggesting that if interpreters earned less than solicitors, it would be then understandable that they do not know how to do their job?
By the way, shall I assume that low-paid solicitors do not know how to do their job?