Criminal Practice Rules 1999

This rule applies if a person is prohibited from acting, or continuing to act, as an interpreter under rule 54AF(1), (2) or (3).

The court may grant leave for the person to act, or continue to act, as an interpreter if it is in the interests of justice and, to the extent practicable—

the court is satisfied that, because of the person’s specialised knowledge based on the person’s training, study or experience, the person is able to interpret and, if necessary, sight translate accurately to the level the court considers satisfactory in all the circumstances from the other language into English and from English into the other language; and

the person takes an oath, or makes an affirmation, to interpret accurately to the best of the person’s ability; and

the court is satisfied that the person understands and accepts that, in acting as an interpreter, the person—

is not an agent, assistant or advocate of the witness or the accused person for whom the person is to act as an interpreter, or of the party who has engaged the interpreter; and

owes a paramount duty to the court to be accurate to the best of the person’s ability and impartial; and

the court directs that the evidence and interpretation be sound recorded for spoken languages or video recorded for signed languages; and

the person is an adult.