I ASSENT Criminal Procedure and Evidence INTERPRETATION AND TRANSLATION IN CRIMINAL
PROCEEDINGS REGULATIONS 2013

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2013/144

Subsidiary Legislation made under s. 697 of the Criminal Procedure and
Evidence Act 2011 and section 23(g)(i) of the Interpretation and General
Clauses Act.


INTERPRETATION AND TRANSLATION IN CRIMINAL
PROCEEDINGS REGULATIONS 2013

(LN. 2013/144)
Commencement 27.10.2013
Amending
enactments
Relevant current
provisions
Commencement
date




Transposing:
Directive 2010/64/EU

EU Legislation/International Agreements involved:

_______________________

ARRANGEMENT OF REGULATIONS

Regulation

1. Title and commencement.
2. Interpretation.
3. Scope and application of these Regulations.
4. Interpretation in criminal proceedings.
5. Written translation of documents in criminal proceedings.
6. Costs of interpretation and translation.
7. Quality of the interpretation and translation.
8. Duty to make records.
9. Complaints about interpretation and written translation.
10. Training.
11. Non-regression.


Criminal Procedure and Evidence INTERPRETATION AND TRANSLATION IN CRIMINAL
PROCEEDINGS REGULATIONS 2013

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2013/144

Criminal Procedure and Evidence INTERPRETATION AND TRANSLATION IN CRIMINAL
PROCEEDINGS REGULATIONS 2013

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2013/144

In exercise of the powers conferred upon him by section 697 of the Criminal
Procedure and Evidence Act 2011 and section 23(g)(i) of the Interpretation
and General Clauses Act, and for the purpose of transposing, in part,
Directive 2010/64/EU of the European Parliament and of the Council of 20
October 2010 on the right to interpretation and translation in criminal
proceedings, the Minister has made the following Regulations−

Title and commencement.

1. These Regulations may be cited as the Interpretation and Translation in
Criminal Proceedings Regulations 2013 and come into operation on 27
October 2013.

Interpretation.

2. In these Regulations−

“competent authority” means the Chief Executive of the Gibraltar Courts
Service or such other person as the Minister may appoint by notice
in the Gazette;

“Directive” means Directive 2010/64/EU of the European Parliament and
of the Council of 20 October 2010 on the right to interpretation and
translation in criminal proceedings, as the same may be amended
from time to time;

“European arrest warrant” shall have the meaning assigned to it by
section 2 of the European Arrest Warrant Act 2004;

“Minister” means the Minister with responsibility for Justice.

Scope and application of these Regulations.

3.(1) These Regulations provide for the right to interpretation and
translation in–

(a) criminal proceedings; and

(b) proceedings for the execution of a European arrest warrant.

(2) The right referred to in subregulation (1) shall apply to persons who
are brought before a court and stand accused or suspected of having
committed a criminal offence.

Criminal Procedure and Evidence INTERPRETATION AND TRANSLATION IN CRIMINAL
PROCEEDINGS REGULATIONS 2013

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2013/144
(3) For the purposes of these Regulations criminal proceedings shall
continue to subsist until the court disposes of the proceedings or, where
there is an appeal, when that appeal has been determined.

(4) Where provision is made for an appeal to be made to a court in respect
of a criminal offence that is, at first instance, dealt with otherwise than by a
court, only the appeal shall be deemed to be criminal proceedings.

(5) These Regulations shall not affect any rule of law or practice
concerning–

(a) the presence of legal counsel during any stage of the criminal
proceedings; and

(b) the right of access of a suspected or accused person to
documents in criminal proceedings.

Interpretation in criminal proceedings.

4.(1) A defendant has a right to be provided with interpretation if that
person is the subject of criminal proceedings and that person either does not
speak or understand English or otherwise has a speech or hearing
impediment.

(2) Where the defendant has a speech or hearing impediment, the right to
interpretation includes the right to receive appropriate assistance.

(3) Where a defendant is brought before a court in connection with
criminal proceedings it must take every reasonable step to ascertain whether
the defendant speaks and understands English or has a speech or hearing
impediment and whether the defendant requires the assistance of an
interpreter.

(4) The competent authority shall ensure that, where necessary for the
purpose of safeguarding the fairness of the proceedings, interpretation is
available for communication between the defendant and his legal counsel in
direct connection with any questioning or hearing during the proceedings or
with the lodging of an appeal or other procedural applications.

(5) Where appropriate, communication technology such as
videoconferencing, the telephone or the internet may be used, unless the
physical presence of the interpreter is required in order to safeguard the
fairness of the proceedings.

(6) In proceedings for the execution of a European arrest warrant, the
competent authority must provide a person who does not speak or
Criminal Procedure and Evidence INTERPRETATION AND TRANSLATION IN CRIMINAL
PROCEEDINGS REGULATIONS 2013

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2013/144
understand English or has a speech or hearing impediment with
interpretation in accordance with this regulation.

(7) Interpretation provided under this regulation shall be of a quality
sufficient to safeguard the fairness of the proceedings, in particular by
ensuring that the defendant has knowledge of the case against him and is
able to exercise the right of defence.

Written translation of documents in criminal proceedings.

5.(1) Where in any criminal proceedings a defendant does not understand
English, the court may order that the defendant is provided, within a
reasonable period of time, with a written translation, into a language which
the defendant understands, of any essential document or part of such a
document to–

(a) ensure that the defendant is able to exercise the right of
defence; and

(b) safeguard the fairness of the proceedings.

(2) The power in subregulation (1) is exercisable by the court on its own
motion or on application by the defendant.

(3) A written translation need not consist of those parts of a document
which are not relevant for the purposes of enabling the defendant to know
the case against him.

(4) In subregulation (1), “essential document” includes any decision
depriving the defendant’s liberty, any charge or indictment, and any
judgment.

(5) The prosecutor shall, in any given case, decide whether any other
document is essential and a defendant or his legal counsel may submit a
reasoned request to that effect.

(6) In proceedings for the execution of a European arrest warrant, the
competent authority must provide the defendant with a written translation of
that document if the defendant does not understand the language in which
the European arrest warrant is drawn up, or into which it has been translated
by the issuing Member State.

(7) Translation provided under this regulation shall be of a quality
sufficient to safeguard the fairness of the proceedings, in particular by
ensuring that the defendant has knowledge of the case against him and is
able to exercise the right of defence.
Criminal Procedure and Evidence INTERPRETATION AND TRANSLATION IN CRIMINAL
PROCEEDINGS REGULATIONS 2013

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2013/144

(8) As an exception to the general rules established by subregulations (1),
(2), (4), (5) and (6), an oral translation or oral summary of essential
documents may be provided instead of a written translation on condition
that such oral translation or oral summary does not prejudice the fairness of
the proceedings.

(9) A defendant may waive the right to receive translated documents only
if–

(a) the defendant has received prior legal advice or has otherwise
obtained full knowledge of the consequences of such a waiver;
and

(b) the waiver is unequivocal and given voluntarily.

Costs of interpretation and translation.

6. The Government shall meet the costs of interpretation and translation
resulting from the application of regulations 4 and 5, irrespective of the
outcome of the proceedings.

Quality of the interpretation and translation.

7. The competent authority shall ensure that the interpretation and
translation provided meets the quality required under regulations 4(7), and
5(7).

Duty to make records.

8. Where–

(a) a defendant has been the subject of questioning or a hearing
with the assistance of an interpreter;

(b) the defendant has exercised the right to waive the requirement
to be provided with a written translation under regulation 5(9);
and

(c) an oral translation or oral summary of essential documents has
been provided under regulation 5(8),

such details shall be entered into the court record.

Complaints about interpretation and written translation.

Criminal Procedure and Evidence INTERPRETATION AND TRANSLATION IN CRIMINAL
PROCEEDINGS REGULATIONS 2013

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2013/144
9.(1) Where–

(a) the competent authority has not arranged for interpretation to
be provided to a defendant in criminal proceedings;

(b) the quality of the interpretation is not sufficient to safeguard
the fairness of the proceedings; or

(c) a written translation of documents or parts thereof has not been
provided to the defendant; or

(d) a written translation has been provided but the quality of the
translation is not sufficient to safeguard the fairness of the
proceedings,

the defendant may apply to a judge or magistrate.

(2) In considering an application under subregulation (1) the judge or
magistrate may make such order as the judge or magistrate deems fit for the
purposes of compliance with these Regulations and with the Directive.

(3) An order under subregulation (2) may provide that interpretation is to
be provided by a different interpreter.

Training.

10. Where training is provided to judges, prosecutors and judicial staff
involved in criminal proceedings, the Government shall, without prejudice
to the need for judicial independence, request those responsible for the
training to pay special attention to the particularities of communicating with
the assistance of an interpreter so as to ensure efficient and effective
communication.

Non-regression.

11. Nothing in these Regulations shall be construed as limiting or
derogating from any of the rights and procedural safeguards that are ensured
under the European Convention for the Protection of Human Rights and
Fundamental Freedoms, the Charter of Fundamental Rights of the European
Union, other relevant provisions of international law or any law in force in
Gibraltar which provides a higher level of protection.