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Training and Certification for Legal Translators in Criminal Proceedings

This project aims to identify the competences and skills required for the professional profile of legal translators, and to develop training programs and certification procedures based on these competences. The project also seeks to improve language and communication training for legal practitioners. The survey results and training recommendations will be disseminated through various conferences and events.

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Training and Certification for Legal Translators in Criminal Proceedings

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  1. QUALETRA JUST/2011/JPEN/AG/2975 With financial support from the Criminal Justice Programme of the European Commission Directorate General Justice JUST/2011/JPEN/AG/2975 WS3 Antwerp 16-17 October 2014 More info: qualetra@eulita.eu

  2. Workstream 3 Training Activities Outputs Deliverables

  3. WS3: Activities (1) • Identification of the competences and skills making up the professional profile of the Legal Translator by building on: • a) EMT; Building Mutual Trust; Aequitas; Final Reports of SIGTIPS, “Reflection Forum on Multilingualism and Interpreter Training “ and “The status of the translation profession in the European Union”; Survey on training Status Quaestionis... • b) The ECQA skills cards for certified professions relevant to the profession of the Legal Translator (e.g. Terminology Manager Basic). • c) Advice from legal and translation experts on the team. • Identification of language/communication training needed by Legal Practitioners by building on: • a) “European judicial training of European legal practitioners” AWP 2012; “Judicial training in the European Union Member States” (2011); “Building Trust in EU-Wide Justice. A New Dimension to European Judicial Training”, (2011); Guidelines on language training by European Judicial Training Network (2011)... • b) Advice from legal and translation experts on the team.

  4. Competences of the LT 1. Transfer skills (one and two ways)

  5. WS3: Activities (2) • Administration of an EU-wide survey on current practices in the training of legal translators and legal practitioners provided by: • professional associations, ad hoc training schemes, training institutes and higher education institutions. • (4) Collection of programme descriptions of legal training for translators and language/communication training for practitioners • (5) Comparison of results with existing literature as foundation for the development of core curricula for LTs and LPs and of sample training materials and, • (6) In collaboration with ECQA, for the development of a Skills card for the professional translator of criminal proceedings.

  6. WS3: Outputs • 4 workstream meetings: • Trieste (May 2013); Antwerp (December 2013); Riga (June 2014); Paris (August 2014). • Insights in and knowledge of existing legal training for translators and language/communication training for legal practitioners • Certification of a training programme for legal translators of criminal proceedings • Dissemination of survey results and training recommendations: • EULITA/TEPIS 2014 (Krakow, April 2014); TC 2014 (London, June 2014); Translata 2014 (Innsbruck, October 2014).

  7. WS3: Deliverables http://www.eulita.eu/qualetra

  8. WS3: Deliverables http://www.eulita.eu/qualetra

  9. WS3 Survey resultsRespondents – Frequency Map

  10. WS3 Survey resultsRespondents • Administered between April 2013 and April 2014 • Web-based software Qualtrics provided by KU Leuven • Addressees: • CIUTI, FIT, EULITA, EUATC members • the QUALETRA Launch conference attendants, • a 2,000-strong mailing list compiled by KU Leuven, • the TRANSLATIO mailing list, • other contacts identified by QUALETRA partners. • 59 respondents (complete questionnaires) from 19 countries (EU Member States + Morocco/Russia/Serbia/Turkey)

  11. WS3 Survey resultsRespondents • Institutions offering programmes to “linguists” (i.e. translators, interpreters, terminologists etc.) at BA/MA level • Training programmes targeted at both linguists and legal practiotioners mostly at MA level; • Language/translation programmes for legal practitioners (especially provided by professional associations, police offices or public administrations).

  12. WS3: Survey results • Main results in accordance with previous studies • e.g. Judicial Training in the European Union Member States(2011) of the DG for Internal policies; • The foreign languages taught are mainly bigger languages • Clear lack of training in LPs’ programmes about working conditions of LITs • Both LTs and LPs recognized the importance of : • Foreign-language skills (more important for training programmes for LPs) • Legal knowledge (mainly national and comparative law). • Translation-oriented skills were deemed as essential only by programmes for LTs.

  13. INTEGRATIVE EMT-BASED grid of competences for LEGAL TRANSLATors EMT Expert Group Competences for professional translators, experts in multilingual and multimedia communication QUALETRA

  14. WS 3: Otherdeliverablesfor training LTs in criminal proceedings • Recommended training for LTs in criminal proceedings based on the competences/skills to be developed. • Sample training materials for developing those competences and skills • e.g. Genre analysis of essential documents (EDs) and European Arrest Warrants (EAWs) in various languages; Training module on Directive 2010/64/EU • Specific ECQA Skills Card, certification proceduresand sample tests for the certification “Legal Translator in Criminal Proceedings” • e.g. Multiple choice test on the legal knowledge and on monolingual legal terminology in English and Italian

  15. Recommended training for LTs in criminal proceedings – Example of a Module

  16. Judgment • Name of the case, “Regina” or “R.”, vs. name of the indicted person • Identification number • Court and date of the trial • Neutral citation: year, court and number of the case • Identification details of the document including year, ‘WL’ and serial number of the case • Names of the Judges • Date of the trial written in full • ‘Representation’ followed by name of the lawyer • Title of the document • Previous decisions of other Courts

  17. Sentenza • Numero di identificazione • Tribunale competente • Tipo del documento • Intestazione Repubblica italiana • Giudici e difensori • Generalità dell’imputato • Imputazioni

  18. Qualetra ECQA Skills card:certification “Legaltranslator in criminal proceedings” • Unit Name: Translation service provision competence • Unit Description: This unit consists of 2 elements: • Interpersonal dimension (Professional practice and conduct) • Production dimension (Transfer skills) • Element Name: Interpersonal dimension (Professional practice and conduct) • Element Description: This element consists of 7 Performance Criteria: • Performance Criteria Description: • S/he is aware of the social role of the legal translator in criminal proceedings. • S/he has a good knowledge of the relevant national and international professional associations for legal translators. • S/he is aware of the legal obligations and responsibilities resulting from provision of translation services in criminal proceedings. • S/he is aware of the incompatibilities resulting from provision of translation services in criminal proceedings. • S/he is aware of the need to adhere to the duty of confidentiality and impartiality in criminal proceedings. • S/he is aware of the need to brief and obtain access to pertinent documentation. • S/he is aware of potential health and safety issues resulting from provision of translation services in criminal proceedings. • Element Name: Production dimension (Transfer skills) • Element Description: This element consists of 5 performance criteria: • Performance Criterion Description: • S/he masters one- and two-way translation of essential documents as listed in Directive 2010/64/EU. • S/he masters one- and two-way translation of European Arrest Warrants. • S/he is able to offer a translation appropriate to the specific translation situation with reference to source and target legal systems. • S/he is able to identify translation problems due to discrepancies in the relevant legal systems and to find appropriate solutions. • S/he masters sight translation and oral summary as provided in Directive 2010/64/EU.

  19. Sample test for the Qualetra ECQA Skills card:certification “Legal translator in criminal proceedings” • LTICP.U1: Legal knowledge • LTICP.U1.E1: Criminal law and procedure • 1. From the following list, choose one example of an offence against the person: • A theft • B smuggling • C assault • D possession

  20. WS 3: Training for legal practitioners on “Good practice on working with legal translators” • Not so much language training but rather a training format to develop a peer interaction between LPs and LTs. • Academic skills + practical skills: • e.g. listening, interacting in communicative situations, etc. • Issues to be addressed in a collaborative way: • How communication works across languages and cultures; • Raising awareness and addressing misconceptions about mutual roles; • How legal practitioners can work with legal translators.

  21. Recommended training for legal practitioners: Core Modules • Introduction to the EU Directives dealing with translation issues – 1h • The content of the Directives; • Their implementation in national legislation. • Working with translators – 2.5h • Translation as a process and as a product; • Introduction to the professional role of the translator and their activities (e.g. intercultural • issues in translation; translators vs. interpreters; written texts vs. oral summaries); • Best practices for recruiting and briefing translators (e.g. national registers, university qualifications, CVs, letters of agreement, liability and insurance, security, support, feedback and mentoring). • Joint workshop with translators – 3.5h • Practical activities on best practices in Module 2; • Conceptual differences between legal systems; • Evaluation of translation quality, with special focus on EDs and EAWs. • DIRECTIVE 2010/64/EU on the right to interpretation and translation in criminal proceedings. • DIRECTIVE 2012/13/EU on the right to information in criminal proceedings • DIRECTIVE 2013/48/EU on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings. • DIRECTIVE 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime..

  22. QUALETRA Vademecum for users of legal translations • Vademecum drafted by EULITA to offer guidelines on collaboration between legal services and translators

  23. THANK YOU! fscarpa@units.it

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