In 2017 I received a large, important looking, envelope. Inside was a summons for Jury Duty. I was extremely excited, I had always wanted to take part in jury duty – I had grown up watching CSI, Castle, Bones, NCIS… you name it!
So the idea of sitting in a court room deciding the fate of a potential criminal was fascinating to me. I filled out the necessary forms and sent them back.
One of the sections asked if I needed any additional requirements and I stated that I would need a sign language interpreter.
A few weeks later I received another important looking letter. Expecting to see a court date, I was shocked to read that I had been rejected because I requested an interpreter for the proceedings!
I found the letter quite rude and demeaning as it outlined that I did not have ‘capacity’ to serve as a juror… and they hadn’t even met me!
They had assumed that because I need an interpreter that I would be unable to follow the court proceedings and make critical decisions.
I was extremely offended by this, and for the first time in a really long time, I actually felt ashamed to be deaf…
After a few days of mulling the issue over, I decided to email the Jury Central Summoning Bureau.
I did a bit of research on the topic before composing the email and found that there have been some cases in the US and Australia where deaf people are able to serve as a jury with a fully qualified court interpreter present.
I brought this up and stated that the UK should do the same. I argued that interpreters are highly educated people that have been trained to be precise and neutral.
From the start of their training, they are reminded time and time again that confidentiality is integral to their role. Therefore interpreters will not enter the jury room with the intention to interfere with the discussion and to leave the courtroom and tell others about the case.
Interpreters are ‘viewed’ as a piece of equipment, equal to a pair of glasses, or a wheelchair (if you know what I mean!). There is no difference between an interpreter and a walking stick, except for a beating heart.
In situations such as courtroom proceedings, a Level 6 interpreter is used, which ensures the deaf person gains full understanding of the words spoken and emotions displayed by the person speaking, not the interpreter themselves.
Therefore, if a deaf person is excluded from jury duty because of their inability to carry out jury duty without an interpreter, surely persons who require any sort of aid to carry out their duty would also be excluded. This would include anyone who uses hearing aids, glasses, walking sticks, wheelchairs, pacemakers, the list goes on. But obviously this is not the case.
I also went on to waffle on about various Acts and Cases, and I never got a response.
In 2019, I was relaxing and flicking through Twitter when I read a tweet by a deaf person in America who had been called up for Jury Duty.
They were asking for tips and advice, and I remembered the email that I had sent. I searched my email mailbox and found the original email, and sent it again.
I also said that I would be sending the email on a weekly basis until I got a response, but I didn’t need to do this as I got the below response almost immediately!
“Thank you for resending this email to us. I am very sorry that this was not responded to in June 2017 when you initially sent the email. The Bureau has moved offices since then but we will be taking this forward for you.”
I literally sat there with my mouth open when I read this; I was so pleased to have received a positive response almost immediately! It was made apparent after a few emails that there was no trace of my original email from 2017 and that there was a new office in charge of Jury Summoning.
The team informed me that I should have been given the opportunity to argue my case against a Judge – which is the official procedure. It turns out that I was rejected before I was able to do this. The team put me in contact with Basildon Crown Court and a meeting was set up for me to attend the court and to discuss my need for an interpreter with the Jury Officer and a Judge.
I arrived at the court with my mother, fully expecting to be sat in a small room with an interpreter, the Judge, and the Jury Officer. The Jury Officer explained we were going to view the courtroom and as we took our places in the courtroom, the interpreter signed ‘Please stand for the Judge’.
Needless to say I was confused and terrified! It turns out that the whole situation was being treated in the highest respect and that I had brought a case before the court! The Judge turned out to be the Resident Judge, Judge John Lodge, who is the point of contact for Basildon Crown Court.
After the initial shock of realising the seriousness of the case, I was able to argue my case against the rejection. Judge John Lodge was very professional and also very kind.
We worked together and placed the interpreter in various places in the courtroom to show that I could view the interpreter from where I was sat. We also discussed the use of a speech-to-text converter and it was agreed that it is a good alternative to having an interpreter in the jury deliberating room.
The law states that only 12 people (the jurors) are allowed in the jury deliberating room, which is why interpreters are not allowed in the room. However having the speech-to-text converter would be a really good replacement in the meantime, until the law is changed (hopefully!!!).
We also went down to the jury deliberating room to see the size of it and to talk about where I would sit (at the head of the table) and whether I would be able to see all the jurors.
I was able to see and lip-read others from the head of the table so we agreed that it was possible for me to carry out my duty in that room.
After going back up to the courtroom, Judge John Lodge gave a final ruling which stated that I am allowed to carry out my role as a juror with an interpreter in the courtroom, and a speech-to-text converter in the jury deliberating room.
He said there was no evidence to show that I couldn’t perform my duty, and that hopefully this ruling will be a step in the right direction for deaf people who want the opportunity to be jurors.
I felt proud that I had managed to get the outcome that I wanted, and that I was able to prove I am capable to perform my duty. Needless to say I stood there with a massive grin on my face!
I have yet to receive a court date for my jury duty, but hopefully it will be soon.
Unfortunately I am moving away from Essex and therefore might have to fight my case again at another court if I am rejected there. However I am hoping that Judge John Lodge’s ruling will support my case and that I won’t have to go through the whole process again!
I am really looking forward to proving that deaf people are capable of taking part in society and able to be involved in difficult situations successfully.
I am hoping that this is the start of something bigger – something that eventually results in the acceptance of fully qualified BSL Level 6 interpreters into jury deliberating rooms!
I will provide an update on how the court goes once it has been completed! If you have any questions feel free to find me on twitter at the address below!
Chloe is a 24 year old NHS Improvement Analyst based in London. She enjoys spending time with loved ones, including her cat, Millie. She is currently developing her DIY skills by up-cycling old furniture and enjoys countryside walks, yoga, and sci-fi TV shows. She is also on Twitter at @ChloeAlexNorton.
Sarah Playforth
July 11, 2019
This is fantastic news – at last progress is being made, even if still no interpreter physically allowed to be in the deliberations. Well done for persevering. I got nowhere when I tried even with my MP, but that was twenty years ago. Hope I get called up again!
Melinda Napier
July 11, 2019
Professor Jemina Napier conducted a research in Scotland & Australia which concluded that there is no difference in deaf and hearing jurors in comprehending the proceedings.
Carole
July 11, 2019
Excellent article. Well done for standing up for yourself. I’ve always wondered what would happen if a deaf person was called for jury service.
Tina Lannin
July 11, 2019
Thats good news. Btw it’s a speech to text reporter, not a speech to text converter.
Sarah Playforth
July 11, 2019
I wondered if it was the use of new technology converting speech to text or a person, which is a speech to text reporter as Tina rightly says.
Beth
July 11, 2019
I don’t understand the argument in the article that a STTR would be a good alternative to a BSL/English interpreter. Surely a third party in the jury room is a third party in the jury room, irrespective of the modality used?
Merfyn Williams
July 11, 2019
Great article – great news to see things are progressing towards Equality.
Adding Tina comment – Speech to text transcription using a speech to text reporter is the correct terminology (not convertor)
It is verbatim and not a translation – a sign language interpreter translate spoken words into British Sign Language
Hope this help. Keep the good fight.
Anon
July 11, 2019
As a profoundly Deaf person myself, even with the successes I have with my cochlear implant I absolutely would NOT sit for jury in a court. It is too much of a responsibility. Too many miscarriages of justice have been carried out where innocent people have been found guilty, I hope you’ll bear this in mind when you sit.
Merfyn Williams
July 11, 2019
Beth – I wholeheartedly agree. It is because the interpreter is a extra person not allowed in the room? Then why not a television monitor showing the interpreter remotely like a speech to text reporter? Doable?
Sarah – You are correct in what you are saying.that it is about the person doing the job …I am adding further information since ignorance on the understanding speech to text still prevails – I had had situations that the speech to text was an interpreter, translators and now convertor, etc No doubt, Sarah say what you wish, as you see fit, but educating people need to be much more than that; to help better understand that it is verbatim and not a translation using a speech to text reporter and it is also not a voice recognition system often coming up when requesting for access needs.
We have had many people ignorance out there, because we don’t explain it well enough, and to say speech to text reporter would not always help them understand better. Let us not beat ourselves up on this and maybe it would help to accommodate other people comments/contribution about it. I am not putting Tina down, just adding the fact to help further understand speech to text not widely promoted in the UK deaf awareness programs.
Jemina Napier
July 11, 2019
If having STTR doesn’t this mean that the deaf person has to be able to speak to be able to contribute in the jury deliberations? What about those who cannot or choose not to speak as they have to/ prefer to sign? Our research showed that deaf sign language users can contribute with an interpreter without any negative impact on the deliberations
Chloe Norton
July 11, 2019
Hi all, thanks for your kind comments. Regarding the speech-to-text converter – it will be done by a piece of voice recognition software and not a STTR. Hence why it is allowed as it is not considered a third party in the room.
Merfyn Williams
July 11, 2019
Chloe, I feel to use a voice recognition system is of great concerns to me – It is not a reliable system that gives you an accurate reflection on what has been said. I would not sit on the jury using this system at all. As Anon said quite rightly, you can put the person at risk with the outcomes and that is not fair. You only have to look at the BBC News using their voice recognition system to find you are struggling to understand the discussion/debate/issues as an example of what you might experience sitting on the jury panel. Puzzled to why you see the word converter. The spoken words are not converted into another language other than into text format.
Sarah Playforth
July 11, 2019
Thank you for confirming my thought on this Chloe.
Colette Phippard
July 11, 2019
Thats great news – well done. As information – the correct title for the interpreter to be used in a court is an RSLI – a Registered Sign Language Interpreter. ‘Level 6’ is the name of a qualification. However, there are two level 6 qualifications, one is a BSL language qualification (no interpreter training) and the other is the interpreting qualification (interpreter training) – interpreters have to have both. RSLI is accurate as it is the registration that means that someone can work as an interpreter – someone with Level 6 BSL could claim they are a ‘level 6 interpreter’ despite having had no training and having no interpreter registration. This is problematic for the Deaf Community who have been told to ask for Level 6 – it is better to ask an interpreter if they are registered or a trainee.
Chris
July 11, 2019
Can i just ask if the accusrd answrrs a qurstion sarcastically does yhe interpreter sign that it is sarcasm or mime the fact. Either way this would be the terps judgement rather than the decission being with the jurer.
Chris
July 11, 2019
Or timidly or angrily etc as the juror will be concentrating on the terp. Also as a deaf person who knows about a dozen signs as well as the alphabet would i have to study up to level 6 myself to understand a level 6 terp?
Jay
July 13, 2019
As the sherrif who ruled set a precedent then unless challenged at say the Supreme Court the ruling should apply across England
Shane Gilchrist
July 17, 2019
If my memory serves me right, Jeff McWhinney was called for jury duty around 1999 and he was rejected because an interpreter has to go into the jury room with him (the 12 people law) and they took it to the courts and the judges there said that unless the law is changed by the Parliament, they can’t do anything about the interpreter being taken into the room as the 13th person.
https://www.theguardian.com/uk/1999/nov/10/claredyer