Criminal Practice Rules 1999

This rule applies if a party seeks to read or rely on a translated affidavit, or translated statement, of a witness who requires an interpreter.

Unless the court orders otherwise, the party may not read or rely on the affidavit or statement unless it includes a certification by the interpreter in the approved form, or the interpreter separately verifies by affidavit, to the effect that—

before sight translating the affidavit or statement to the witness, the interpreter—

had read the code of conduct and agreed to be bound by it; and

had been given an adequate opportunity to prepare to sight translate the affidavit or statement; and

after sight translating the entire affidavit or statement to the witness, the witness—

informed the person responsible for preparing the affidavit or statement through the interpreter that the witness had understood the interpreter and agreed with the entire contents of the affidavit or statement; and

swore or affirmed the affidavit, or signed the statement, in the presence of the interpreter.

Unless the court orders otherwise, an interpreter who certifies or verifies an affidavit or statement of a witness under subrule (2) may, but is not required to, be the interpreter who acts as the interpreter for the witness in any hearing in the proceeding.