12/15/2023 0 Comments Language barrierThis is indicative of having few resources – immigration status also limits what intervention and support can be offered by probation and in prison. Language needs often intersect with other vulnerabilities, including being victims of trafficking and having legally insecure and ‘unsettled’ immigration status.Language barriers and access to justice and rehabilitation The lack of written materials and web-based content providing service information and advice in languages other than English is a barrier to engagement with the CJS. Criminal justice services are largely monolingual – aside from provision in the Welsh language, which is protected in law.Greater ethnic and linguistic diversity of staff in the CJS strengthens service capacities for accommodating language needs, and volunteers have a key role in bolstering language support for those who speak ESL.Similarly, interpreters’ expectations – that criminal justice practitioners should facilitate their work through things like advance briefings about likely content of discussions or the pacing of conversations, are not always met. There are gaps in understanding among some criminal justice practitioners about how interpreters work, including in relation to what ‘good interpreting practice’ looks like and how best to accommodate interpreters in criminal justice processes.Many practitioners – from statutory and voluntary sectors – have never received training about supporting those who speak ESL and are unaware of any specific professional guidance on this, beyond how to book interpreters.However, there is no standard approach or guidance about the level of English language proficiency that might be needed to participate effectively in criminal justice processes. ‘Professional judgement’ is commonly used to assess whether someone requires an interpreter or can ‘manage’ in English.Information about an individual’s language needs is not always collated or shared across agencies in a routine or direct way and can depend on the quality of notes, or might have to be inferred from other information.Practitioners are mostly aware of the rights and entitlements to interpretation and translation for speakers of ESL, but access to language support is influenced by other factors, including time and resource pressures.Capacity to support language diversity in the criminal justice system In addition, language needs intersect with other vulnerabilities, and taken together, these can further reduce access to services and support in the criminal justice system (CJS). Overall, speakers of English as a second or additional language (ESL) are often disadvantaged, as they may be denied fair justice outcomes and face barriers and constraints to access services and support, including rehabilitative initiatives. *To open these resources please register for a free account. Language barriers in the criminal justice system: Good practice guidance for probation service staff and interpreters.*.Language barriers in the criminal justice system: Good practice guidance for practitioners working with victims and witnesses of crime who speak English as a second or additional language.*. Language barriers in the criminal justice system: The experience of victims and witnesses with English as a second or additional language.Language barriers in the criminal justice system: Rights and Entitlements of people in contact with the criminal justice system who speak English as a second or additional language.*.Language barriers in the criminal justice system ( Executive Summary).Language barriers in the criminal justice system ( Research Report). The series aims to strengthen the evidence base around the impact of language barriers as well as provide practical tools to allow practitioners to improve their practice in working with individuals who speak English as a second or additional language. The series of outputs were produced following a wide-ranging research project exploring the impact of language barriers on individuals’ experiences of the criminal justice system, whether as victims, witnesses, suspects, defendants, or people with convictions. Language Barriers in the Criminal Justice System is a groundbreaking research series highlighting the systemic issues in the criminal justice system which leave staff unsupported to accommodate language diversity, patchy language support services, and speakers of English as a second or additional language (ESL) facing significant barriers in accessing justice and rehabilitation, which may include their rights to support not being upheld.
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