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This reflects the primary consideration in the exercise of the common law discretion that a witness with some understanding of English should not obtain an unfair advantage. A related concern has been to minimise the barriers to communication caused by the use of interpreters. Less attention has been given to the real risk that a witness with insufficient knowledge of English may not be able to adequately understand the questions put and convey the meanings he or she wishes to express. At present the onus is on the person wishing to use an interpreter to establish that he or she has a need for one. The conclusion reached in this report is that there should be a prima facie right to an interpreter, and, in certain circumstances, to have one provide provided free of charge. That right should only be displaced if it can be established that the person has an adequate command of English (1991 :36).

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