On the international stage, Australia is a signatory to a number of international agreements that include provisions that everyone is entitled to be informed promptly and comprehensively about the nature and cause of the charge against the person in a language that they understand (Article 14 of the International Covenant on Civil and Political Rights).
In Queensland, the Human Rights Act 2019 (Qld) provides that a person charged with a criminal offence is entitled without discrimination to a number of minimum guarantees including the free assistance of an interpreter if the person cannot understand or speak English (s 31 Human Rights Act).
Unfortunately, many people for whom English is not their main language still miss out. Caxton clients commonly report attending court and not being provided with an interpreter. We also receive reports of incorrect interpreters being used.
The absence of an interpreter can significantly delay the whole court process and lead to unjust outcomes for individuals. The failure by police to not make adequate efforts to determine whether the accused has sufficient knowledge of the English language and the failure to provide an interpreter has led to confessions being inadmissible in court. We have been told by clients that they have pleaded guilty to offences where they did not understand the facts alleged against them. We have also been told by clients that they have been refused bail and remanded in custody in circumstances where they have not understood the bail process or been able to give proper instructions for a bail application because of the lack of an interpreter at court.
Caxton Legal Centre has been vocal in this sphere and submitted a law reform paper to the Criminal Procedure Review—Magistrates Court. We also publish a self-help kit Preparing Affidavits for the Magistrates Court, a comprehensive guide on how to write statements that set out the facts of your case.
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