Legal interpreting within a court context in Malta

Abstract

This thesis studies legal interpreting in a court context in Malta, with many references to the situation in the European Union and on other continents. Legal interpreting, and more particularly court interpreting, is recognised as a right and protected as such under Maltese law, particularly in regards to criminal procedures. The thesis begins by establishing the basis to this right and collating all sections which refer to legal interpreting in the Maltese Codes and in European Law. Having established that the right to interpreting during criminal procedures is protected, the author also verifies that it is respected in practice, through holding private interviews with the Registrar for the Criminal and Civil Court, the Commissioner for Refugees and a leading lawyer working with refugees in court. The author goes on to examine the right itself, and how it forms part of the Adversarial System and asks if the protection provided is enough, and what safeguards exist to ensure proper interpreting during criminal procedures. As yet, none exist in Malta. Interpreting is only considered to be an adjunct to the legal profession, and is not recognised as a profession in its own right. As a consequence, court interpreting remains unregulated and unmonitored. Any person professing to be bilingual can be engaged as court interpreter, even during criminal procedures. This could very easily lead to the very injustice the law meant to prevent. Through quoting and referring to many authors abroad, the author delves into what must necessarily be done to ensure standards in interpreting are respected, and enforced, as an integral part of the right to court interpretation itself.