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Facilitating access to justice and a fair trial for non-English speakers
The problem
More than 1 in 5 Australians speak a language other than English at home , with more than 300 separately identified languages spoken in Australian homes . However , only 175 languages are represented by courtroom interpreters , and interpreting training is available in less than 20 of those .
This raises questions about equity , access to justice and the nature of a fair trial for non-English speakers .
Our solution
Improving the quality of communication in interpreted proceedings helps to reduce risk of interlingual misinterpretation and judicial error , says Professor Ludmila Stern . This is integral to improving access to justice for users of the court system from linguistically diverse backgrounds .
Ludmila Stern is an historian and interpreter who researches interpreted proceedings and cross-cultural communication in international and domestic courts and tribunals . She is leading a project with diverse industry partners to examine whether access to justice is affected in trials that involve interpreters .
The research asks how judicial officers – judges and magistrates – and lawyers can improve courtroom communication through shared responsibility for working with interpreters , for example by engaging with the Recommended National Standards for Working with Interpreters in Courts and Tribunals .
The project team is observing court proceedings , interviewing judicial officers and interpreters , and conducting a content analysis of courtroom transcripts across all Australian jurisdictions . Criminal cases involving speakers of Aboriginal and ‘ new and emerging ’ languages , such as African and Middle Eastern languages , where interpreters receive limited , if any , specialised training , are of particular interest .
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