Government’s decision on bilingual juries a big mistake
10/03/2010
Westminster Government's decision to refuse to convene bilingual juries in certain cases is a big mistake and shows a lack of understanding of the linguistic situation in Wales, according to the Welsh Language Board.
In response to the Ministry of Justice’s statement, the Chief Executive of the Welsh Language Board, Meirion Prys Jones, said:
"I'm very disappointed to hear of the Government's decision not to establish a bilingual juries system in Wales. Those who choose to give their evidence in court through the medium of Welsh are at a great disadvantage as a result, because evidence will need to be translated to the jurors. It is inevitable that some things get lost in translation, and so establishing the principle of bilingual juries is central to ensuring that justice is delivered in such cases. The obvious risk is that dissatisfied Welsh speakers will not use the Welsh language in court because the validity of presented evidence through an interpreter is open to doubts.
"Whilst I recognise that random jury selection would not be as simple in every part of Wales, because the percentage of Welsh speakers is not always particularly high, I do not accept that this would be the case across Wales. In areas where there are high numbers of Welsh speakers in the North and the West, a random selection of Welsh jurors is certainly practical.
"Not only the Ministry of Justice has shown a lack of understanding of the linguistic situation in Wales, it has also acted inconsistent with its own practice. The ability to speak Welsh is essential for some Justices of the Peace jobs in Wales, in order to ensure full understanding of the cases. Furthermore, it must be noted that random selection of jurors isn’t happening now either. Jurors must have 'appropriate English language skills' to serve as a juror under the Juries Act 1974. If it is acceptable to restrict the selection of jurors on the basis of them being able to speak English, then it could be justified to select jurors on the basis of them being able to speak Welsh as well, in accordance with the equality principle of the Welsh Language Act 1993. Therefore, there is a basic weakness in their reasoning for not allowing bilingual juries."
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