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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