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Use of interpreters in criminal cases

10 December 2019
This practice note includes detailed advice on the use of interpreters pre-trial in the police station and in court.

Legal status

This practice note is the Law Society’s view of good practice in this area. It is not legal advice.

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.

SRA Principles

There are seven mandatory principles which apply to all those the SRA regulates and to all aspects of practice. The principles can be found in the SRA Standards and Regulations.

The principles apply to all authorised individuals (solicitors, registered European lawyers (RELs) and registered foreign lawyers (RFLs)), authorised firms and their managers and employees. They also apply to individuals and the parts of a licensed body involved in delivering the regulated services.

Professional conduct

The following sections of the SRA Standards and Regulations are relevant to this issue:

  • Principle 6: you act in a way that encourages equality, diversity and inclusion
  • Principle 7: you act in the best interests of each client
  • SRA Code of Conduct for Solicitors, RELs and RFLs, paragraph 1.1: you do not unfairly discriminate by allowing your personal views to affect your professional relationships and the way in which you provide your services
  • SRA Code of Conduct for Solicitors, RELs and RFLs, paragraph 6.3: confidentiality and disclosure you keep the affairs of current and former clients confidential unless disclosure is required or permitted by law or the client consents
  • ‘Guidance on the SRA’s approach to equality, diversity and inclusion’ – see paragraph 4.3 below

Terminology

Must - A specific requirement in legislation or of a principle, rule, regulation or other mandatory provision in the SRA Standards and Regulations. You must comply, unless there are specific exemptions or defences provided for in relevant legislation or the SRA’s Regulatory Arrangements.

Should - Outside of a regulatory context, good practice for most situations in our view. In the case of the SRA Standards and Regulations, a non-mandatory provision (such as may be set out in notes or guidance).

These may not be the only means of complying with legislative or regulatory requirements and there may be situations where the suggested route is not the best possible route to meet the needs of your client. However, if you do not follow the suggested route, you should be able to justify to oversight bodies why the alternative approach you have taken is appropriate, either for your practice, or in the particular retainer.

May - A non-exhaustive list of options for meeting your obligations or running your practice. Which option you choose is determined by the profile of the individual practice, client or retainer. You may be required to justify why this was an appropriate option to oversight bodies.

See our full glossary of other terms used

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Practice Advice Service

The Practice Advice Service provides a dedicated support line for Law Society members and employees of law firms. Call us on 020 7320 5675.

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