Intercept evidence from foreign language communications: Reliability and minimum standards in the interests of justice.

Abstract

This paper explores the role of Intercept Interpreters/Translators (IITs) in law enforcement communication surveillance efforts. It focuses on the production and reliability of Translated Intercept Records (TIR), which are comprehensive written records in the target language that may be produced for intelligence purposes or for use in court as Translated Intercept Evidence (TIE). The paper underscores the critical importance of reliable TIR for both evidentiary use and operational decision-making. The authors emphasise the need to establish minimal standards in the quest for reliability and dispel the misconception that literal translations fulfil evidentiary requirements. The standards proposed in this paper aim to minimise interpretation errors to enhance the overall effectiveness of investigations and safeguard the interests of justice. The paper concludes by highlighting the need to align judicial expectations with sound translation practices.