1. Introduction
1.1. Who should read this practice note?
Criminal defence solicitors representing clients who are deaf and using British Sign Language during investigative interview conducted by the police.
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1.2. What is the issue?
The Police and Criminal Evidence Act 1984 ('PACE') requires that police interviews with suspects are recorded. You should therefore ensure that police interviews with clients who require a sign language interpreter are video recorded.
This practice provides advice on how to meet the requirement.
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2. Keeping an accurate record of the interview
If you are representing a person who requires a British sign language interpreter at a police interview you should insist that the interviewing police officer arranges that both the suspect and the interpreter are video-recorded.
This will ensure that an accurate record of the interview is created and retained should disputes arise in the future as to what was said.
If your client requires the assistance of a sign language interpreter, the use of audio recording equipment will not provide a record of the signed conversation taking place between the interpreter and the suspect, and will not provide a safeguard if a dispute arises.
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2.1 Ensuring the police video record the interview
PACE Code F on the Visual Recording with Sound of Interviews with Suspects states that a video recorded interview 'might be appropriate with, or in the presence of, a deaf or deaf/blind or speech impaired person who uses sign language to communicate' (paragraph F:3.1 (d)).
You should bring this to the attention of the police and insist that a video recording is made.
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3 Resolving disputes
If there is a subsequent dispute about what the suspect was asked via the interpreter's interpretation of the question asked by the police officer, or about how the suspect's answers were interpreted, you should use the visual record of the interview to help resolve the dispute.
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4. More information
4.1 Professional conduct
The following sections of the Solicitors' Code of Conduct 2007 are relevant to this issue:
- Rule 1.04 - You must act in the best interests of your client.
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4.2 Legal and other requirements
4.3 Further products and support
4.3.1 Law Society practice note
Use of interpreters in criminal cases
4.3.2 Practice Advice Line
The Law Society provides support for solicitors on a wide range of areas of practice. Practice Advice can be contacted on 0870 606 2522 from 09:00 to 17:00 on weekdays.
www.lawsociety.org.uk/practiceadvice
4.3.3 Law Society publications
4.3.4 Law Society benefits
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4.4 Status of this practice note
Practice notes are issued by the Law Society for the use and benefit of its members. They represent the Law Society's view of good practice in a particular area. They are not intended to be the only standard of good practice that solicitors can follow. You are not required to follow them, but doing so will make it easier to account to oversight bodies for your actions.
Practice notes are not legal advice, nor do they necessarily provide a defence to complaints of misconduct or of inadequate professional service. While care has been taken to ensure that they are accurate, up to date and useful, the Law Society will not accept any legal liability in relation to them. For queries or comments on this practice note contact the Law Society's Practice Advice Service.
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4.5 Terminology in this practice note
Must - a specific requirement in the Solicitor's Code of Conduct or legislation. You must comply, unless there are specific exemptions or defences provided for in the code of conduct or relevant legislation.
Should - good practice for most situations in the Law Society's view. If you do not follow this, you must be able to justify to oversight bodies why this is appropriate, either for your practice, or in the particular retainer.
May - a non-exhaustive list of options for meeting your obligations. Which option you choose is determined by the risk profile of the individual practice, client or retainer. You must be able to justify why this was an appropriate option to oversight bodies.
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4.6 Acknowledgements
The Law Society is grateful to the Criminal Law Committee, for assistance in drafting this practice note.
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