Access to Justice for All: The Impact of Language Barriers

This briefing outlines the key issues related to language barriers in the criminal justice system, evidenced by research, funded by The Bell Foundation and conducted by the Institute for Crime & Justice Policy Research, Victim Support, and the Centre for Justice Innovation, and recent inspection reports from His Majesty’s Inspectorate of Prisons (HMI Prisons) and His Majesty’s Inspectorate of Probation (HMI Probation).

Our recommendations for change include:

1. First and other languages should be routinely recorded at each point of contact with the CJS, whether with a statutory or voluntary sector service.
2. The evidence base is widely acknowledged in the sector, and every policy or commissioning decision considers the data and the evidence, either with adaptations to services that meet the needs of speakers of ESL, or with additional services tailored specifically to speakers of ESL where adapted services are not appropriate.
3. The system’s language support services meet a minimum standard: quality, consistent, and CJS-appropriate interpretation and translation services, and access to appropriate ESOL learning.
4. All frontline staff working in the CJS are given language and cultural awareness training.
5. All forms and service-user-facing paperwork are provided in easy-read and/or translated formats.