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• Code of Conduct for Interpreters and Translators
  (Scottish Court Service)
• Code of Conduct & Practice (SASLI)
• Glossary of terms
• Terms and Conditions
• Fee structure

This Code of Conduct sets out the standards which are expected of you when accepting assignments from the Scottish Court Service.

1. Competence - You are expected to: o Have a written and spoken command of both languages, including any specialist terminology, current idioms and dialect; o Be familiar with any cultural backgrounds relevant to the assignment; o Understand police station and court procedures.

2. Procedure - You will:
Convey the exact meaning of what has been said without adding, omitting or changing anything; making explanation only where a cultural misunderstanding may be occurring, or where there is no direct equivalent for a particular term. Only in exceptional circumstances should a summary be given (if this is consented to by all parties) provided the meaning of what is being summarised is not distorted.
Declare any difficulties you have with dialect or technical terms and if these cannot be satisfactorily remedied, withdraw from the assignment.
Not give advice, legal or otherwise, to the accused, nor enter into discussion with them (other than to confirm language/dialect match).
Not delegate work, nor accept delegated work (or work for another party in the proceedings), without the prior consent of the party engaging you/the other interpreter's services.
Be reliable and punctual at all times.
Declare immediately any previous involvement in the assignment and any involvement or relationship with the accused or any witness in the case.
Interrupt the proceedings only: To ask for clarification To point out that a party may not have understood something; To alert the parties to a missed cultural reference; To advise the court that there is no equivalent term in the language concerned, to the term being used; To advise the court that you require a break, due to the potential for lapses In concentration to occur during lengthy periods of simultaneous or consecutive interpreting.

3. Ethical and Professional Issues - You will:
Respect confidentiality at all times and not seek to take advantage of any information disclosed during your work.
Act in an Impartial and professional manner.
Not discriminate between parties (to their advantage or disadvantage) either directly or indirectly, on the grounds of race, colour, ethnic origin, age, nationality, religion, gender, disability or sexual orientation.
Disclose any information, including any criminal record, which may make you unsuitable for any particular assignment.
Disclose immediately if the person for whom you are interpreting, or their immediate family is known or related to you.
Declare any business, financial, family or other interests which you might have in the matter being handled.
Not accept any form of reward (whether in cash or otherwise) for interpreting work, other than payment by the Scottish Court Service.

4. Confidentiality Any information you obtain in the course of your assignment is confidential and is not to be given by you to anyone who is not a party to the case, whether during the assignment or after it has been finished, unless we give you written permission to do so. You must also comply with the current Data Protection Act legislation.
You will not use any information you obtain in the course of your assignment for any purpose other than as authorised by us. The right to all such information rests with us and permission to access and use this information can only be given by a Scottish Court Service representative. If you feel that you may require to disclose information obtained in the assignment due to a need for additional support or guidance you should write to the Clerk of Court for permission to disclose such information.
You must keep safe any document provided to you in the course of an assignment; you must make sure they are not copied, in whole or in part, and you must return them to us, at the end of the assignment.

5. Insurance You are advised to have your own professional indemnity insurance cover as the Scottish Court Service will not be responsible for any claims made against it, or against you, on the grounds (for example) of incompetent interpreting or unprofessional conduct.

Code of Conduct and Practice & Complaints Procedure
All registered and Trainee Sign Language Interpreters who are Members of the Scottish Association of Sign Language Interpreters (SASLI) will be expected to follow the Code of Conduct and Practice and be familiar with the Complaints Procedure.
Code of Conduct and Practice

Confidentiality Interpreters shall be bound by the strictest confidentiality which must be observed with regard to information gathered in the course of interpreting. Interpreters will not disclose to any third party or make use of any information other than the purpose for which it was provided, unless legally required to do so. Interpreters shall not derive any personal gain from confidential information acquired by them in the exercise of their duties as interpreters. Interpreting Skills and Knowledge Interpreters shall interpret to the best of their ability between parties. Interpreters shall not accept work which they know to be beyond their linguistic and/or technical ability to provide a service of acceptable standard. In circumstances where a more suitable interpreter is not available an interpreter may accept such an assignment providing that both the user and contractor are informed of the implications and give their consent. Interpreters shall always seek to increase their interpreting skills and knowledge.

Impartiality Interpreters shall be impartial. Any business or vested interests which the interpreter may have in an assignment must be disclosed beforehand to both user and consumer. Interpreters should not offer personal opinions during or in relation to an interpreting assignment.

Professionalism Interpreters shall maintain the creditability and dignity of the Association by acting at all times in a professional manner. Interpreters should act in a manner consistent with persons having mutual trust and confidence in each other. It is in the interest of the Association and those whom it serves that there be a corporate professional spirit based on co-operation. Interpreters may advertise their services providing the information is factual and is not misleading not brings discredit to the profession. An assignment, once accepted, should not be cancelled by the interpreter without good reason.

Professional Fees Interpreters shall be guided by the recommended scales of fees established by the Association.
November 1994.

Complaints Procedure
The full complaints procedure is attached in the Code of Conduct and Practice - please download if required.

Guide to Code of Conduct and Practice & Complaints Procedure - download here (PDF)

GENERAL BRIEFING FOR INTERPRETERS
If you have never interpreted in court before please advise the interpreting service. It may be possible to arrange a visit to the court for you and an explanation of the likely procedure from a member of the court staff.
Remember that as an interpreter in the criminal court you are entirely independent of the parties. You must perform your role in a wholly independent and impartial manner.
Be confident. Your role is essential to ensure that the proceedings are fair. If those speaking are going too quickly to allow you to interpret properly let the judge know.
In community, foreign and sign languages, there may be no equivalent term to the English term or phrase being used. It is crucially important that you interpret as closely as possible the meaning of the terms being used. Do not guess. Advise the court of the difficulty at the time. It is likely that it will be possible for the individual using the difficult term to "say it in a different way".
Please ensure that you consider, sign and return the Code of Conduct provided with the letter of instruction before accepting an assignment from the Scottish Court Service.
Remember that your concentration can lapse in long periods of simultaneous or consecutive interpreting. Be sure to alert the court to this and to the need for regular breaks (every 30 minutes or so).

GLOSSARY OF TERMS - People and Places
High Court of Judiciary: As a trial court it has sole jurisdiction to hear the most grave common law crimes such as murder and rape. It deals with the most serious crimes. It can impose up to life imprisonment and there is no limit on the monetary penalty it can impose. As an appeal court of 3 or more judges it hears appeals from all other courts including appeals from itself as a trial court. Uses only solemn procedure.

Sheriff Court: Uses both summary and solemn procedure. In summary offences the Sheriff can fine up to £5000 and imprison a first offender for 3 months. Certain repeat offenders can be imprisoned up to 6 months. When using solemn procedure the Sheriff can imprison for up to 3 years, impose an unlimited fine, or if the Sheriff thinks the case is serious enough can remit the accused to the High Court for sentencing.

District Court: Lay persons sit as justices of the peace with a legally qualified assessor. A justice may sit alone or more than one can sit together. Can imprison for up to 60 days or impose a fine not exceeding £2,500. Deals only with summary procedure, and more minor offences. Has a power to remit a case to the Sheriff court but this power is seldom exercised.

Lord Advocate: The head of the prosecution service in Scotland. Issues instructions and guidance to Procurators Fiscal and to the police. A minister in the Scottish Executive, his/her deputy is known as the Solicitor General. They are assisted by advocates depute. The Lord Advocate, or more usually advocates depute will conduct trials in the High Court.

Procurator Fiscal: Local prosecutors throughout Scotland, assisted by one or more Procurator Fiscal Deputes who conduct prosecutions in the Sheriff and District Courts and prepare serious cases by way of Precognition.

Accused: The person who sits in the dock accused of committing the crime on the indictment or complaint. The accused is sometimes called the "panel" in solemn procedure.

Defence Agent: This term includes the lawyers, a solicitor or advocate, who will act on behalf of an accused.

Clerk: Each court will have a clerk who will normally sit in front of the judge and record the proceedings.

Legal Terms & Procedure
Solemn Procedure: Uses a jury (of 15) to hear more serious oases. Notification of the charges Is contained In an indictment that runs in the name of the Lord Advocate.

Summary Procedure: No jury, hears more minor cases. Notification of the charges is contained In a complaint that runs in the name of the local Procurator Fiscal.

Common Law: Has built up over time through custom and practice and decisions of the courts. Most crimes are crimes at common law, e.g. murder, rape, assault, theft.

Statutory Law: Parliament either in Westminster or Edinburgh can legislate to make certain actions criminal. Such legislation may also alter the powers of sentencing. Examples include Road Traffic Act 1988 and Misuse of Drugs Act 1971.

Public Interest: All crimes are prosecuted in the public interest. A prosecution can take place even where the parties involved have come to some form of private agreement. The Lord Advocate and Procurators Fiscal decide whether to prosecute.

Precognition: The process by which a Procurator Fiscal prepares a case under solemn procedure. This will include interviewing witnesses at his/her office.

Bail: An accused person may be released from custody on bail. Conditions are attached and extra conditions, such as not to enter a specified area or contact a named individual, may be imposed. Only a court can alter a bail order, regardless of what a witness may say. An accused can be arrested and jailed for breaching a bail order.

Social Enquiry Report: Prepared by a social worker who reports to the court on an accused's personal circumstances and their suitability for the various types of sentence.

Types of Court
Custody Court: Where people appearing from custody first appear. Under solemn procedure an accused will appear on petition and may be committed for further examination or fully committed until liberated in due course of law. The accused is not asked to plead guilty or not guilty. Under summary procedure the accused is asked to plead guilty or not guilty. In both forms of procedure the accused may ask the court to be released on bail, and the Procurator Fiscal may indicate whether he/she opposes this. If opposed the Sheriff or Justice will decide if an accused is released on bail.

Diet Court or Pleas Court: Under summary procedure the first calling of non-custody cases, when the accused is asked to plead guilty or not guilty.

Intermediate Diet Court: For summary cases, a week or two before the trial, at which the accused must appear and state his/her plea and preparedness for trial.

First Diet Court: For solemn cases, a week or two before the trial at which the accused must appear and state his/her plea and preparedness for trial.

Trial Court: Where trials take place, can often be more than one in busier courts.

Remand Court: Deal with continued business such as deferred sentences.

Fines Enquiry Court: Where the court will ask an accused why they have not paid their fine. Can give them more time to pay, a supervised attendance order or order imprisonment.

Type of Sentence
Absolute Discharge: A court may in exceptional circumstances grant an absolute discharge; whilst the accused has been convicted, no criminal conviction is recorded against their name and they are free to go.

Admonished: Warned by the court to behave. Community Service Order: Unpaid work for the community, administered by the Social Work Department.

Deferred Sentence: Court may defer sentence for a number of reasons, it may defer for up to a year to see if an accused person has been of good behaviour.

Disqualification: Court may disqualify an accused from driving for a specified period.

Drug Treatment and Testing Order: Intensive form of probation in which an accused undertakes compulsory drug treatment and testing. Endorsement: In driving offences penalty points may be endorsed on a driving licence.

Fine: Can be paid by installments. Payments are to the clerk. Imprisonment: Sent to jail.

Probation: Can involve additional conditions, such as to undergo medical treatment, but will involve compulsory meetings with a social worker to discuss the problems In an accused's life, e.g. alcoholism, drug addiction.

Supervised Attendance Order: If a fine is unpaid court may impose such an order requiring an accused to attend at a scheme run by the social work department.

Terms & Responsibilities of Just Sign
· You will initially receive the minimum amount of information that will allow you to decide your availability and suitability for the given assignment.
· On acceptance of the above or on occasions, in addition to the above, further information will be provided wherever possible to assist you in fulfilling the given assignment.
· You will be notified immediately, or as soon as possible, of any changes to the given assignment.
· Just Sign offer as much personal/professional support as required. If you at any time wish to discuss any matter relating to your responsibilities you are encouraged to do so. Just Sign will endeavour to pay upon receipt of appropriate invoice and assignment agreement form as soon as possible thereafter (this may be after receiving payment from third-party).

After assignment confirmation the following cancellation policy will be used:
Up to 3 working days - full fee
4 - 5 working days - half fee
6+ working days - no fee

Terms & Responsibilities of the Contracted Interpreter/ Communication Services Provider
· You are expected to work within and according to the relevant Code of Practice (SASLI/CACDP) in addition to any additional constraints as determined by the assignment (e.g. Scottish Court Service - Code of Conduct for Interpreters and Translators).
· You are expected to submit an appropriate invoice and completed assignment agreement form as soon after the assignment as possible and preferably within seven days. Failure to do so may result in non-payment.
· You are expected to use public transport where possible and practicable. Any subsistence should be agreed beforehand (i.e. accommodation etc)
· All individuals employed on a self-employed/Freelance basis are expected to maintain and be liable for their own Tax and National Insurance payments.
· On occasions when the original assignment is cancelled or postponed, Just Sign may, during the cancellation period, offer an alternative 'comparable' assignment. Such assignment would be similar in nature and within your ability.
For example:
Original: Sheriff Court - Comparable: Sheriff/District/Hearing
Original: High Court - Comparable: High/Sheriff/District/Hearing
Original: Conference - Comparable: Seminar/Meeting

You will be consulted in full if the alternative assignment is deemed more complex in terms of technicalities or language content.

Full details of Just Sign's fee structure, cancellation fees etc can be obtained directly from Just Sign - please contact us for up-to-date information.