What to Do if English Isn’t Your First Language in a Police Interview
Facing a police interview can be daunting, especially if English is not your first language. Misunderstandings due to language barriers can have serious consequences, potentially affecting your ability to defend yourself or provide an accurate account of events. However, under Australian Criminal Law, you have rights designed to ensure fairness and justice. This article will guide you through your legal protections, the role of interpreters, and how to navigate a police interview effectively.
Understanding Your Rights During a Police Interview
Under Australian law, individuals being questioned by the police have certain rights that apply regardless of their English proficiency. These include:
The Right to Silence – You do not have to answer any questions except for providing your name, address, and date of birth.
Why an Interpreter is Crucial in a Police Interview
An interpreter plays a vital role in protecting your rights during a police interview. They ensure:
You fully understand the questions being asked.
Your responses are accurately translated and recorded.
Miscommunication does not result in self-incrimination or misleading statements.
You receive fair and just treatment under Australian Criminal Law.
How to Request an InterpreterIf you feel that your English proficiency might impact your ability to respond effectively, you should:
Immediately request an interpreter – Make it clear that you require assistance before answering any questions.
Ensure the interpreter is accredited – The Australian Government provides interpreting services through TIS National (https://www.tisnational.gov.au/).
Do not rely on police officers for translation – Only accredited interpreters should be used to avoid misinterpretation.
Situations Where an Interpreter is MandatoryIn some circumstances, police officers must arrange an interpreter before proceeding with questioning. These include:
If the suspect is unable to communicate effectively in English.
If the suspect requests an interpreter.
If the person being questioned is a juvenile or has a cognitive impairment, making clear communication essential.
Common Challenges Faced by Non-English Speakers in Police Interviews
Individuals who do not speak English as their first language may face several challenges during a police interview, such as:
Misinterpretation of Questions and ResponsesWithout a professional interpreter, misunderstandings can arise, leading to inaccurate statements that might be used against you.
Pressure to Answer QuicklyPolice interviews can be high-pressure situations. If you feel unsure about a question, you may accidentally provide an incorrect answer simply to comply.
Lack of Legal KnowledgeMany non-English speakers are unaware of their legal rights, such as the ability to remain silent or seek legal advice before answering.
Cultural Differences and MiscommunicationDifferent cultures have different norms for interacting with authorities. In some cultures, silence is a sign of guilt, whereas in Australian law, the right to silence cannot be used against you.
Steps to Take Before and During a Police Interview
If you are facing a police interview and English is not your first language, follow these steps to protect your rights:
Before the Interview
Seek Legal Advice – Contact a criminal lawyer or Legal Aid
Request an Interpreter in Advance – Inform the police that you require language assistance.
Understand Your Rights – Familiarise yourself with your right to silence and legal representation.
During the Interview
Insist on an Interpreter – Do not proceed without one if you feel unsure about your English proficiency.
Take Your Time – There is no rush to answer questions. Ensure you understand them fully before responding.
Avoid Guessing or Speculation – Only state what you know to be true. If you are unsure, say so.
Request Legal Assistance if Needed – If you feel uncomfortable or unsure, ask to speak with a lawyer before proceeding.
What Happens If Your Rights Are Violated?
If the police proceed with an interview without an interpreter despite your request, or if you feel coerced into answering, you may have grounds to challenge the interview in court. In such cases:
A lawyer can argue that any statements made are inadmissible due to unfair questioning.
You may file a complaint against the police department for violating your rights.
What Should You Do If Evidence Against You Was Unlawfully Obtained?
If you believe evidence in your case was obtained unlawfully:
Seek Legal Advice Immediately – Engage a criminal defence lawyer with experience in evidence law.
Do Not Speak to Police Without a Lawyer – Anything you say may be used against you.
Request Disclosure of Evidence – Obtain full details on how the prosecution gathered its evidence.
Prepare a Legal Challenge – Work with your lawyer to file motions to exclude tainted evidence.
Real-World Examples of Language Barriers in Police Interviews
Case Study 1: Overturned Conviction Due to Lack of InterpreterIn a Queensland case, a man’s conviction was overturned because he was denied an interpreter during his initial police interview. The court ruled that his responses were misinterpreted, leading to an unfair trial.
Case Study 2: Miscommunication Leading to Self-IncriminationA migrant in Victoria was questioned without an interpreter and inadvertently admitted to a crime he did not commit due to misunderstanding the questions. His legal team successfully challenged the evidence in court, citing language barriers.
If English is not your first language and you are involved in a police interview, understanding your rights is crucial. Under Australian Criminal Law, you are entitled to an interpreter and legal representation to ensure a fair process.
If you or someone you know is facing a police interview and struggles with English, do not proceed without legal help.
