Procedure of courts-martialCentral

Section 109 of The Navy Act, 1957

(1)Before any person is sworn or affirmed as an interpreter or a shorthand-writer, the accused shall be asked if he objects to such person as not being impartial and the court shall decide the objection.
(2)The evidence given by a witness shall be read over to him by the shorthand-writer before the witness leaves the court, if so required by the court or the witness.

Summary

This provision protects the fairness of the trial by allowing the accused to object to the chosen interpreter or shorthand-writer.
Before an interpreter or shorthand-writer takes their oath, the accused must be asked if they object to them on the grounds of not being impartial.
The court is responsible for deciding if the accused person's objection is valid.
This section also allows the shorthand-writer to read the recorded evidence back to a witness before the witness leaves the court.
This read-back happens only if either the court or the witness requests it.

Practical examples

1A shorthand-writer is about to take the oath. The accused, Seaman Patel, objects because he recognizes the writer as the prosecutor's brother-in-law. The court listens to Patel's objection that the writer is not impartial and decides to find a replacement.

2After giving a very long and confusing testimony about engine failure, a witness is unsure if their words were recorded correctly. They ask the court for a read-back, and the shorthand-writer reads the evidence out loud before the witness steps down.

FAQ

1. Can an accused person object to an interpreter under Section 109 of the Navy Act?

Yes, under Section 109 of the Act, before an interpreter is sworn in, the accused must be asked if they object to the person as not being impartial.

2. Who decides if an objection to a shorthand-writer is accepted under Section 109 of the 1957 law?

Under Section 109 of the naval law, the court shall decide the objection made by the accused.

3. Does a witness get to hear their testimony under Section 109 of the defense law?

Yes, under Section 109 of the Act, the evidence given by a witness shall be read over to them by the shorthand-writer before they leave the court, if the court or the witness requires it.

Test yourself

Q1.Under Section 109 of The Navy Act, 1957, on what specific ground is the accused asked if they object to an interpreter or shorthand-writer?

Q2.Connecting Sections 108 and 109 of the naval legislation, what must happen before an impartial person takes the required oath to become a shorthand-writer?

Q3.According to Section 109 of The Navy Act, 1957, who reads the evidence over to a witness before they leave the court?

Q4.Under Section 109 of the 1957 defense law, what triggers the reading of evidence back to a witness?

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