A police station call comes in. Arabic-speaking detainee. Interview scheduled in three hours. As duty solicitor, you need to instruct an interpreter who will be competent, dialect-matched, security-cleared, and present at the custody suite on time. This article sets out exactly how to do that — and the procedural traps to avoid.
The Legal Framework: PACE Code C and Interpreter Provision
Under section 66 of the Police and Criminal Evidence Act 1984 and Code C of the PACE Codes of Practice, a detained person who does not adequately understand English is entitled to an interpreter throughout custody and interview. The custody officer is responsible for arranging interpreter provision. The defence solicitor is entitled to verify interpreter competence.
Code C paragraph 13 sets out the framework. The interpreter must be competent for the specific assignment — not merely a generic Arabic speaker. The interpreter's interpretation of the caution and the detainee's understanding must be recorded in the custody record.
What to Specify When Instructing
A well-formed instruction includes: the custody suite and time, the dialect of the detained person, the offence category (which determines clearance level required), estimated duration, and whether pre-interview consultation is anticipated.
For counter-terrorism, modern slavery, and serious organised crime: CTC clearance is required. For most other offences: Enhanced DBS is sufficient. See the Schedule 7 / Counter-Terrorism interpreter page for CTC requirements in detail.
The Interpreter's Role During the Interview
An NRPSI-registered interpreter at a PACE interview will interpret the caution accurately, interpret consecutively sentence by sentence, interpret solicitor advice including any no-comment recommendation without prompting or paraphrasing, and interpret bail conditions. The interpreter will not advise the detainee on whether to answer questions, embellish or soften what the detainee says, or hold side conversations in Arabic that are not interpreted into English.
If Dialect Mismatch Emerges Mid-Interview
The interpreter must declare the limitation immediately and on the record. Interview is paused. A dialect-appropriate interpreter is arranged. Dialect mismatch identified mid-interview that is not declared by the interpreter is grounds for challenge at trial under s.78 PACE.
Cost: Direct Instruction vs Agency
A one-hour remote conference: direct instruction at £45–50/hr. Agency framework: typically £80–120 once travel, margin, and short-notice premiums are added. For a full cost comparison, see Direct Instruction vs MoJ Framework Agencies.
Practical Checklist for the Duty Solicitor
- Confirm Arabic is genuinely the detainee's primary language
- Establish dialect through brief contact with the detainee, or note "to be confirmed"
- Identify whether the offence type requires CTC clearance
- Instruct an NRPSI interpreter directly where the case is sensitive
- Request the interpreter's NRPSI registration number for the custody record
- Confirm the interpreter understands the consultation with the detainee is privileged
- If dialect mismatch emerges, raise it immediately and ensure it is recorded
- Retain the interpreter's invoice and CRM7-formatted attendance note for legal aid recovery