Rule 10 Summary hearings etc rulesI1

After rule 11 insert—

“Interpretation, translation and communication through an intermediary

11A.

(1)

This rule applies unless the commanding officer is satisfied that the accused does not need interpretation.

(2)

The commanding officer shall appoint an interpreter to act at the hearing.

(3)

On application or on his own initiative, the commanding officer may require a written translation of any document or part of a document to be provided for the accused, unless―

(a)

translation of that document, or part, is not needed to explain the case against the accused; or

(b)

the accused agrees to do without, and the commanding officer is satisfied—

(i)

that the agreement is clear and voluntary; and

(ii)

that the accused has had legal advice or otherwise understands the consequences.

(4)

If so requested by the accused, the commanding officer shall take such steps as he thinks appropriate, including the appointment of a different interpreter, where―

(a)

no interpretation is provided;

(b)

no translation is required, or provided, in response to a previous request by the accused; or

(c)

the accused complains about the quality of any interpretation or translation provided.

(5)

Where the accused has a hearing or speech impediment, references in this rule to an interpreter include a person appointed—

(a)

to communicate to the accused anything said at the hearing, and explain it so far as necessary to enable the accused to understand it, or

(b)

to communicate any answers given by the accused, and any other matters that the accused seeks to convey, and explain them so far as necessary to enable the commanding officer to understand them,

and references to interpretation shall be construed accordingly.”.