LEGAL PRINCIPLE: CRIMINAL PROCEDURE – Arraignment – Language Requirement – When Accused Understands English
PRINCIPLE STATEMENT
The requirement that the charge must be read and explained to the accused in the language he understands, in my opinion, presupposes that the accused does not understand English which is the language of the court. If he does not, the court has a duty to put on record the language spoken by the accused. However, if the accused understands English, then it is not necessary to record this fact.
RATIO DECIDENDI (SOURCE)
"The requirement that the charge must be read and explained to the accused in the language he understands, in my opinion, presupposes that the accused does not understand English which is the language of the court. If he does not, the court has a duty to put on record the language spoken by the accused. However, if the accused understands English, then it is not necessary to record this fact."
EXPLANATION / SCOPE
The requirement to read and explain the charge in the accused’s language applies only where the accused does not understand English (the court’s language). If the accused understands English, no recording of language is necessary. The court must ascertain the accused’s understanding. For non-English speakers, the court must record the language spoken by the accused. The principle avoids unnecessary formalism where the accused comprehends English. The court must still ensure the accused understands the charge. The record may show the accused pleaded in English or responded appropriately. The burden is on the prosecution to show compliance if challenged. The principle balances procedural rigour with practicality. The court’s satisfaction is key.