Monday 2 September 2019

When witness statements hit language barriers


2 September 2019

When witness statements hit language barriers
Certifying a statement is no mere formality. The efficient conduct of cases in the civil and family courts relies on written evidence being prepared in advance and confirmed at trial as the evidence in chief. Where a statement in English cannot be understood by the maker and has not been properly certified, real problems are caused, as I hope the examples above illustrate.
Good practice involves:
·       Considering carefully who is really providing the instructions for the statement. If written instructions are received, check before the statement is filed that the person signing the statement has the knowledge and capacity to give that evidence in court. 
·       If taking instructions over the telephone, satisfy yourself, before it is signed and filed, that the maker of the statement can read and understand it in English. 
·       If you are in any doubt as to the statement maker’s ability to read and understand the statement in English, ensure that the requirements of CPR PD 22.3A/FPR PD 22A (7), for an authorised person to certify the reading or translation process, have been complied with in full.  

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