Rights versus reality : the difficulty of providing 'access to English' in Queensland courts

Lauchs, Mark A. (2010) Rights versus reality : the difficulty of providing 'access to English' in Queensland courts. In 17th Annual National Conference, Australian Association of Professional and Applied Ethics, 15-17 June 2010, University of Sydney, Sydney, NSW.

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This project reviewed the success of the Aboriginal English in the Courts booklet which was published by the Department of Justice and Attorney-General in 2000, with a view to improving access to the courts for speakers of Aboriginal English in Queensland. Surveys and interview were conducted with judges, magistrates, prosecutors, legal aid lawyers and courts registry staff. The feedback from the research has shown that the handbook has had little impact on ‘access to English’ in Queensland courts. The problems relate to the tension between protecting the rights of the accused under an adversarial system and legitimately introducing the issues of language uncertainty to the court in a non-prejudicial manner. In addition, the interviews have brought to light emerging language issues in remote communities that cannot be remedied under existing language policy mechanisms, such as the provision of interpreters or friends of court.

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ID Code: 49791
Item Type: Conference Paper
Refereed: Yes
Additional URLs:
Keywords: Aboriginal English, Access to Justice, Language Services, Interpreters, Courts
Subjects: Australian and New Zealand Standard Research Classification > STUDIES IN HUMAN SOCIETY (160000) > CRIMINOLOGY (160200) > Courts and Sentencing (160203)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > OTHER LAW AND LEGAL STUDIES (189900) > Law and Legal Studies not elsewhere classified (189999)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2010 Mark A. Lauchs
Deposited On: 08 May 2012 01:29
Last Modified: 28 Jun 2012 04:55

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