
1 

(1) These rules shall be cited as the Rules of the Court of Judicature (Northern Ireland) (Amendment) 2014 and shall come into operation on 5th September 2014.
(2) In these Rules, ‘the principal Rules’ means the Rules of the Court of Judicature (Northern Ireland) 1980 and an Order, rule or Form referred to by number or an Appendix referred to by a letter means the Order, rule or Form so numbered or the Appendix so lettered in the principal Rules.
2 
The principal Rules shall be amended as follows–
(1) In the Arrangement of Orders –
(a) omit the entry for Order 60; and
(b) after the entry relating to Order 126, insert “127. Interpretation and Translation in Criminal Causes and Matters”.
(2) Order 60 shall be omitted.
(3) In Order 107 —
(a) In rule 2(1)(b) for “magistrates” substitute “District Judges (Magistrates’ Courts)”; and
(b) In rule 9(1), for “magistrates” substitute “District Judges (Magistrates’ Courts)”.
(4) In Order 121, rule 5(1)(e), the words “or Order 60” shall be omitted;
(5) After Order 126, insert Order 127 (Interpretation and Translation in Criminal Causes and Matters) as set out in the Schedule to these Rules.
(6) In Appendix A, in Form 54, for “magistrates” substitute “District Judges (Magistrates’ Courts)”.
Declan Morgan
John Gillen
Mark Horner
Ian Wimpress
Dated 1st July 2014In exercise of the powers conferred upon me by section 53A of the Judicature (Northern Ireland) Act 1978, I allow these Rules.Sealed with the Official Seal of the Department of Justice on 4th August 2014.
David Ford
Minister of Justice

SCHEDULE
Rule 2(5)
“
ORDER 127
1. 
This Order has effect in relation to proceedings in criminal causes or matters to which these Rules apply.
2. 
In this Order—
(a) references to a person who needs interpretation mean—
(i) a party to the proceedings who needs interpretation because he does not speak or understand English; or
(ii) a party to the proceedings who needs assistance because he has a speech or hearing impediment;
(b) where a person who needs interpretation has a hearing or speech impediment, references to an interpreter include a person appointed—
(i) to communicate to the person who needs interpretation anything said at the hearing and explain it so far as is necessary for him to understand it; or
(ii) to communicate any answers given by the person who needs interpretation, and any other matters that he seeks to convey, and explain them so far as is necessary to enable the court and others at the hearing to understand them,
and references to interpretation shall be construed accordingly;
(c) references to acting at a hearing include assisting the person who needs interpretation to communicate with his legal representative during the hearing and in relation to such assistance, rule 2(b)(ii) has effect as if the reference to the court and others present at the hearing were to the legal representative.
3. 
Where a person who needs interpretation is due to be present at any hearing of, or relating to, the proceedings, the proper officer shall appoint an interpreter to act at the hearing.
4. 
Before an interpreter begins to act at a hearing, an oath or affirmation shall be administered to the interpreter.
5. 
Before an interpreter is sworn or makes his affirmation, the interpreter’s name shall be read out, and any party to the proceedings may object to the interpreter on any reasonable ground.
6. 
If the court upholds an objection made under rule 5, the interpreter shall not be sworn or make his affirmation and the proper officer shall appoint another interpreter.
7. 
Where, on application or of its own motion, the court is satisfied that a document is essential, it shall order that a written translation of the document, or a relevant passage thereof, is provided to a person who needs interpretation unless—
(a) the person unequivocally and voluntarily waives his right to translation and has had legal advice or otherwise has full knowledge of the consequences of such a waiver; or
(b) provision of an oral translation or oral summary of the document, or the passage thereof, would not prejudice the fairness of the proceedings.
8. 
On application, the court may give any direction which it considers appropriate where—
(a) no interpreter has been appointed by the proper officer;
(b) on a previous application under rule 7, the court determined that there was no need for translation of the document, or a passage thereof, specified in the application; or
(c) the person who needs interpretation submits that the quality of interpretation or translation is not sufficient to safeguard the fairness of the proceedings.
9. 
The proper officer shall record—
(a) the identity of any interpreter appointed to act at a hearing;
(b) any decision to provide an oral translation or oral summary of an essential document or a passage thereof;
(c) any waiver of his right to translation by a person who needs interpretation; and
(d) any direction given under rule 8.”