This book examines the best language fair trial practices of the courts in arguably the most multilingual region of the world. It contains an instructive list of standards and approaches to linguistic dynamics, which may be considered a language fair trial rights code.
By way of jurisprudential analysis and scrutiny of constitutional imperatives and examination of legislation among the respective jurisdictions from the Sahel region, to the Horn of Africa, and the Cape, this publication presents peculiar country-specific practices and common standards aiming towards the realisation of a fair trial in a multilingual context. The exceptionally multilingual nature of legal processes in Africa makes the standards in the region instructive in the progression towards a universal language fair trial rights code. The book reveals valuable lessons across jurisdictions, including those outside Africa, and suggests measures that may be taken to improve existing approaches.
It will be a valuable resource for academics, researchers, and policy-makers working in the areas of Law and Language, Legal Linguistics, Forensic Linguistics, Criminal Justice, and Comparative Law.
Author(s): Catherine S. Namakula
Series: Law, Language and Communication
Publisher: Routledge
Year: 2022
Language: English
Pages: 186
City: London
Cover
Half Title
Series Page
Title Page
Copyright Page
Dedication
Table of Contents
Preface
Introduction
Chapter 1 Court trials in Africa
Adversarial trials
Inquisitorial trials
Trials by customary courts
The language of trial
The language of trial as an entry on the record
African languages as channels of trial
The language of the record or the language of the court
Measuring linguistic comprehension ability
Chapter 2 Language fair trial rights
Information on the nature of charges
Presumption of innocence
Confession
Plea taking
Adequate time and facilities to prepare a defence
Interpretative assistance
Correctness and comprehensibility
Consistency and simultaneousness
Interpreter’s oath
The interpreter
Shortfalls of judicial interpreting in Africa
Shortage of interpreters
Evaluating interpretative assistance
Translation
Presence and legal representation of the accused person
Examination and cross-examination of witnesses
Chapter 3 Safeguarding the linguistic fair trial rights of vulnerable litigants
Witnesses with speech and hearing challenges
Child participants
Experiences of foreign nationals in African courts
Victims of sexual violence
Chapter 4 Remedies for breach of language fair trial rights
Nullification of proceedings
Retrial
Excluding or expunging the evidence from the record
Conclusion
The language fair trial rights code
Appendix: The languages of selected societies and courts of law in Africa
References
Index
