ABSTRACT

Welsh and English are both official languages of the country: the Welsh Language Act 1993 places Welsh on equal footing with English in Wales. As a result of this legislation, defendants enjoy a right to have their case heard in Welsh before a Welsh-speaking judge, if they request this. A more difficult question, however, is whether competence in Welsh should be made a criterion of jury selection in trials where Welsh may be used. If witnesses are giving evidence in Welsh and the defendant is only able to understand English, the defendant and such of the jurors as are unable to understand Welsh will hear the evidence interpreted into English via headphones. Bilingual juries in Wales would involve a significant interference with the random selection principle. It is questionable how many Welsh and English speakers would have this high degree of bilingualism.