24 Annex G: Interpreters Costs
Pre-court work
If it has been necessary
for a solicitor to incur interpreter’s costs to assist with work carried out
before the first court hearing and even perhaps before charge, the Justices
could order payment from central funds, applying the judgment of Lord Justice
Auld in R (on the application of Hale) v North Sefton Justices [2002] EWHC 257
(Admin).
Auld defined ‘proceedings’
very broadly for the purposes of the court agreeing payment from central funds
for pre-court work. The question was whether it could reasonably be said that
the advice being sought/given was ‘in the proceedings’ even though a charge had
not yet been preferred.
Solicitors who want to
submit a claim for pre-court work should agree it with a court officer
beforehand. This is current practice when claiming on central funds.
Cost of interpreters in court proceedings
Where the police or other
investigating agency charge a person with an offence and detain or bail that
person for a magistrates' court hearing within two working days of charge (i.e.
the following day or over a weekend or Bank Holiday), the police or
investigating agency will arrange the interpreter for the court hearing. It is
important that so far as possible the interpreter arranged for court is not the
one who interpreted at the police station either for the police or the
applicant's solicitors at any stage prior to the court appearance. If however it
is not possible to find another interpreter (i.e. the language is rare) then
the Court and all parties must be notified of the intention to use the same
interpreter for the court proceedings and agree to that course of action.
Where the court appearance is
more than two working days (not including Saturdays) after the charge or
summons, it is the responsibility of the court to arrange for an interpreter if
an applicant requires one.
In both instances, the
interpreter's costs will be paid for by the court out of central funds.
If an applicant requires an
interpreter for Crown Court proceedings, the court is responsible for arranging
the attendance and payment of an independent interpreter (Prosecution of
Offences Act 1985 s.19(3)(b)). This is then paid out of central funds.
Cost of interpreters in investigation stage
If an interpreter is
required when a solicitor is giving advice during the investigation stage of a
case, the interpreter’s costs may be included as a disbursement when claiming
for payment under the 2010 Standard Crime Contract.
