Invest gat ve nterv ew ng suspects requ r ng spec a cons derat on
Different linguistic, cultural or religious background
Different cultural or religious backgrounds
Suspects come from different linguistic, cultural or religious backgrounds. English may not be their first language and they
may behave differently and have different needs at interview.
Be sensitive to the suspect’s needs and if necessary, seek advice from someone else of the same culture or religion (e.g. a
Police employee with the same background or who is an expert in that area e.g. Iwi liaison officer, Asian crime
investigator, an interpreter or a person known to the suspect. Note the interpreter can only provide information about
additional measures for effective communication, common customs or usage and should not be treated as a cultural
expert.
Using interpreters
Use a suitably qualified interpreter when you consider the suspect:
does not have sufficient proficiency in the English language to understand and convey their answers clearly if the
interview is conducted in English
has a communication disability, e.g. a hearing impairment.
If English is not the suspect’s first language, ask them what language they prefer to be interviewed in.
See ‘Interpreting for the deaf’ for guidance on selecting and engaging interpreters for the deaf and the procedures for
using interpreters in interviews with deaf persons.
Interpreters must not enter into general discussion with the suspect on or off camera.
Procedures when using interpreters at suspect interview
Follow the standard suspect interviewing procedures (see Investigative interviewing suspect guide) with the variations
below when it is necessary to interview a suspect through an interpreter.
Interview phase
Planning and preparation
Establish whether an interpreter is required. Find out the country they come from and the exact language they speak
(e.g. a Chinese person may speak Mandarin or Cantonese).
Arrange for an interpreter using the contracted interpreting service or your station's list of interpreters (ideally you
should use a professional interpreter rather than a Police employee). Provide the interpreter with an outline of the
nature of the incident and the reason for interview, e.g. suspect for a family violence incident.
Ascertain whether the interpreter is an appropriate person to assist. They must be:
able to write and speak the suspect’s language fluently (or in the case of hearing impaired, to sign see
‘Interpreting for the deaf’)
impartial and independent, e.g. has no prior knowledge of the suspect or witnesses involved in the
investigation.
If they know any of the parties involved in the investigation (including the suspect and victim), they should only be
used in exceptional circumstances, i.e. no one else is available and the interview cannot be delayed. The extent of the
connection should also be taken into account when making this decision. If you use an interpreter who knows the
parties involved, keep a record of your rationale in your notebook or on a jobsheet.
Ask the interpreter for their qualifications and contact details or those of their organisation. Record these in your
notebook.
Video record the interview if possible. This makes the process more efficient and provides an accurate record of what
was said if the quality of interpretation later becomes an issue.
Prepare for the interview in the usual manner.
When the interpreter arrives:
allow the interpreter the opportunity to brief both you and the suspect on their professional role and how they
will conduct themselves
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Invest gat ve nterv ew ng suspects requ r ng spec a cons derat on
if necessary, inform the interpreter their role is to interpret your questions and the suspect's answers back to
you
their interpretation should be as direct as possible in ‘first person’.
ensure the interpreter understands the importance of the caution/rights.
Answer the interpreter's questions about the interview process.
Consider seeking advice from the interpreter about any communication issues that may arise.
Discuss the interpreter’s needs in regard to size of blocks for interpretation. This will vary between interpreters, and
may particularly impact on the free narrative phase of an account.
Discuss the interpreter’s needs for breaks during the interview (interpreting may be tiring, especially signing. Quality
interpreting means quality information).
Breaks during interviews
For safety and impartiality reasons make sure the interpreter leaves the room with you if you take any breaks never leave
an interpreter in a room alone with a suspect.
Written statements
With written statements ensure:
the interpreter's name and role is included in the statement
the statement contains a complete record of the interview in English and the suspect's language.
Example for a written statement with an interpreter
1. You write the question in English.
2. The interpreter writes directly under each question:
translation of the question in the suspect’s language
suspect's response in their language
the English translation of the suspect's response is recorded directly below.
At the end, invite:
the suspect to:
read the statement in their own language and make corrections or additions
endorse the statement by writing in their own language: “This statement is true and correct. I have nothing
further to add” and signing the statement
the interpreter to certify the translation as accurate i.e. “I have accurately translated this statement to the best of my
ability.”
Endorse the statement as you usually would.
Transcription
Any transcript prepared from the interview should include the English questions and the interpreter’s English reply. Refer
to the video record if there are concerns about the accuracy of the interpretation.
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Invest gat ve nterv ew ng - w tnesses requ r ng spec a cons derat on
Different linguistic, cultural or religious backgrounds
Different backgrounds
Witnesses come from different linguistic, cultural or religious backgrounds. English may not be their first language and
they may behave differently and have different needs at interview.
Be sensitive to the witness's needs and if necessary, seek advice from someone else of the same culture or religion (e.g. a
Police employee with the same background or who is an expert in that area e.g. Iwi liaison officer, Asian crime
investigator, an interpreter or a person known to the witness. Note the interpreter can only provide information about
additional measures for effective communication, common customs or usage and should not be treated as a cultural
expert.
Using interpreters
Use a suitably qualified interpreter when you consider the witness:
does not have sufficient proficiency in the English language to understand and convey their answers clearly if the
interview if conducted in English
has a communication disability, e.g. a hearing impairment .
If English is not the first language of the witness, ask them what language they prefer to be interviewed in.
See 'Interpreting for the deaf' for guidance on selecting and engaging interpreters for the deaf and the procedures for
using interpreters in interviews.
Written statement when interpreter used
If a written statement is made from the interview:
at the beginning of the statement include the interpreter's name, role (to interpret directly from the interviewee's
language to English and vice versa) and languages they are interpreting
using your notes as an aid, write down the statement in English
instruct the interpreter to make a written translation of the statement into the witness's own language, this is
preferably completed by leaving a space under each line written in English and writing the translation for each line in
the space
in all cases, invite the witness to read the statement in their own language and make corrections or additions
the witness should then endorse the statement by writing in their own language:
'I confirm the truth and accuracy of
this statement. I make the statement with the knowledge that it is to be used in court proceedings. I am aware that it is
an offence to make a statement that is known by me to be false or intended by me to mislead.'
ask the interpreter to certify the translation of the full statement as accurate i.e.
'I have accurately translated this
statement to the best of my ability' and sign their name.
endorse the statement as you usually would.
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