Criminal Practice Rules 1999

This rule applies if the court is satisfied that a witness in a proceeding can not understand and speak the English language sufficiently to enable the witness to understand, and make adequate reply to, questions that may be put to the witness in the proceeding.

The witness may—

give spoken evidence or signed evidence in the other language that is interpreted into English by an interpreter in accordance with this part; or

give evidence by an affidavit or statement in English that has been sight translated to the witness by an interpreter in accordance with rule 54AJ.

Unless the court orders otherwise, the party calling the witness is responsible for engaging, and bearing the costs of, an interpreter who meets the standards and requirements imposed by this part.

Note—

See the Evidence Act 1977, section 131A in relation to the court’s power to order the State to provide an interpreter in a criminal proceeding.