DeafCOG volunteer becomes first Deaf juror to use interpreter in court following law change

A volunteer at the charity DeafCOG has been confirmed as the first Deaf juror to use a British Sign Language (BSL) interpreter in the deliberation room following a change in the law earlier this year.

The controversial Police, Crime, Sentencing and Courts Act – which also includes restrictions on protests – received Royal Assent in April alongside other Bills such as the British Sign Language Act, which gave BSL legal recognition.

Karen, whose surname has not been disclosed for data protection reasons, served as a juror in a racially aggravated harassment case at Croydon Crown Court. She was also chosen as the jury’s foreperson, who announced the group’s verdict in court following their deliberations.

Commenting on her experience, Karen said it “went smoothly” and “exceeded my expectations”.

“The staff – from the jury manager, ushers, clerks and judges – were extremely aware of the needs of myself and the BSL interpreting team. I was made to feel included every step of the way.

“[It was] an excellent and amazing opportunity for me and what a great start to leading the way for other Deaf jurors in the future, now that BSL is recognised as a language.”

Karen was assisted by three interpreters in the case, who rotated every 20 minutes and had access to printed oaths with new wording referring to not influencing, inferring or disclosing jury deliberations.

Meanwhile guidance on supporting jurors using interpreters was given to court staff, judges and other jury members.

Paul, another Deaf juror who benefitted from BSL interpreters in court, served on a serious sexual assault case at Norwich Crown Court last month.

He said: “Being on jury duty has been a dream of mine and I believe the Deaf/BSL community has so much to offer. When the law changed to allow the Deaf/BSL community to sit on a jury, and I received my summons, naturally I was excited but nervous as I did not know what to expect.

“It was a surreal experience and the whole process was streamlined and smooth. The training was clear and easy to follow, then the trial began, and I was amazed that I was treated equally to other jurors.

“This gave me a sense of respect as the other jurors were keen to work with me and make me feel involved.”

Paul also revealed that when the trial ran over and his interpreters were no longer available, the judge and court staff went “above and beyond” to find new interpreters for the remainder of the trial.

He added: “It was sorted without a hinderance. The judge requested feedback from me on how to improve for future cases and expressed a strong desire to make sure Norwich Crown Court is accessible and fair for all.

“I was deeply touched by this. I look forward to seeing more of the Deaf/BSL community being part of the justice system, as it should be.”

Deaf charities have welcomed the news, with the British Deaf Association (BDA) saying 87,000 Deaf people in the UK for whom BSL is their first or preferred language can now serve as jurors.

David Buxton, chair of the BDA, said: “We are pleased that the Ministry of Justice has recognised that a BSL interpreter is there to support the Deaf juror, rather than to act as a thirteenth juror.

“Interpreters follow a strict professional Code of Conduct which prevents them from influencing the judicial process in any way.”

BSL interpreters were previously banned from entering the jury deliberation room over the ‘13th juror’ rule and fears they could influence decisions made in private.

While Mr Buxton praised the move as a “crucial and long overdue step forward” for Deaf people’s inclusion in democracy, he added barriers to their full participation remain.

“We have yet to see the election of a Deaf MP, but we hope that this important step demonstrates the potentially huge contribution that the Deaf community in the UK can make to our society when reasonable adjustments such as BSL interpreters are provided as standard.

“We look forward to continue working with the Government to break down further unnecessary barriers and challenge discriminatory attitudes and practices in future,” Mr Buxton said.

Mark Atkinson, chief executive of the Royal National Institute for Deaf people (RNID), added: “RNID and our supporters are delighted that deaf BSL users can now serve on juries and are no longer excluded from this act of citizenship.

“This move will allow tens of thousands of deaf people who use BSL as their first language to take part in jury service, a duty which all of us should have a responsibility to undertake.

“We are pleased to see another step forward towards inclusion for the Deaf community, yet there are still many barriers which exist for deaf BSL users in society.

“We’re pleased to see this positive step, and eagerly anticipate many more barriers being broken as Government works towards the delivery of the British Sign Language Act.”

Commenting on Karen and Paul’s experiences in court, justice minister Gareth Johnson MP said the government is “breaking down the barriers for Deaf people carrying out jury service”.

“I am delighted that the door is now open to thousands more potential jurors as we establish a more accessible and inclusive justice system for all,” he said.

By Liam O’Dell. Liam is an award-winning Deaf freelance journalist and campaigner from Bedfordshire. He can be found talking about disability, theatre, politics and more on Twitter and on his website.