Conference Papers
Inaugural National Indigenous Interpreting Meeting: Getting the Conversation Started
Session L3.2. Getting the Conversation Started (cont.)
1. Catherine Crawford: No One in the Courtroom Wants Interpreters: Why are they Necessary?
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Whether the language of the Accused is the language of that Country or Kriol, he or she, young or old, needs to have an Interpreter for the Court process, unless they speak standard English. Interpreters are not available in the Kimberley, unless ordered by the Court, in advance. It is rare for Aboriginal Accused and Witnesses in the Kimberley to have the assistance of an Interpreter. Many Accused, particularly the young, do not request an Interpreter and refuse to avail themselves of one, if offered. Why? A Standby Interpreter scheme, operated in the Magistrates Court, in some parts of the East Kimberley, between 2008 and 2010, will be discussed: exploring its advantages and disadvantages. From the perspective of the Court: Why is an Interpreter for Aboriginal Accused and Witnesses , who do not speak standard English, importan What does the presence of an Interpreter in the language of that country, or Kriol, say to young and old in that community? What is needed in the Interpreter?
Author bio: Catherine Crawford is a Magistrate based in WA. For 2 years, up to July 2010, she was based in Kununurra, responsible for the administration of justice in the East Kimberley. She has worked in the law for over 25 years, her roles including Principal Legal Officer at the Aboriginal Legal Service of WA (Inc.) (ALS) for 4 years, regional solicitor (ALS) based in the Pilbara and barrister. She completed a Master of Laws degree in International Human Rights in 1990. She has a particular interest in law and justice issues as they effect Aboriginal Australians.
2. Michael Amos: How it is done
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I am a Pitjantjatjara interpreter from northern South Australia. In this paper, I report on the work I have been doing during 2011 with the magistrate undertaking circuits to the APY Lands, where culture is strong and English is very much a second language. I share my experience of what I do, the difficulties I encounter while working with courts, and how I resolve the dilemmas I confront as I encounter them.
Author bio: Michael Amos is a Pitjantjatjara interpreter from northern South Australia. He learnt to speak the language while living in Amata in the APY Lands. He has been interpreting for more than 20 years. For the last ten years he has lived in Davenport Community near Port Augusta in South Australia.
3. Rosanne McInnes: What is done with court interpreters in northern South Australia
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Pitjtjantjara is the day to day language of the Anangu of the APY Lands. In the Magistrates Court circuits in remote communities of northern South Australia, some trials are heard and determined, but most of the Lands work is criminal sentencing, with few post-court services or supports for non-custodial penalties. In this presentation I discuss the work I do in partnership with people who are interpreters and traditional healers as well as teachers, cultural advisors, and court security intelligence analysts. They assist with developing sentencing strategies aiming to lower overall rates of offending rather than focussing on deterrence at the expense of community protection. They also assist with identifying and developing post-court sentence administration by people in the communities and community based organisations. The strategies are implemented, case by case, inside the courtrooms, where in addition to interpreting, the interpreters and traditional healers are helping reframe sentencing to teach people appearing in court why they are in trouble under Australian law, about consequences for others, and steps they can try to take to stop appearing in court again, whether the court is using standard criminal procedure, “nunga court” style hearings, victim and offender hearings, or community meetings to determine outcomes of charges laid against individuals following a major disturbance. This is an important contribution to improving outcomes for young offenders especially.
Author bio: Rosanne McInnes is a South Australian magistrate. Since 2008 she has been convening Magistrates Court circuits in remote communities in the Aboriginal cultural heartland of northern South Australia, the APY Lands. She works in partnership with people who are interpreters and traditional healers aswell as teachers, cultural advisors, and court security intelligence analysts.