The Role of the Intermediaries

1. AAC SIG 12th June 2008 The Role of the Intermediaries

2. Background • Speaking Up For Justice (1998)‏ rec 47: The courts should have statutory power to require the use of means to assist the witness communicate…where this would assist the witness give their best evidence at both the investigation stage & the trial itself. • Youth Justice & Criminal Evidence Act (1999)‏ Special Measures Section 29 “Examination of witness through an intermediary”

3. Special Measures set out in the Youth Justice & Criminal Evidence Act 1999. • Intermediaries • Video-recorded statements • Live television links • Using screens in the courtroom • Give evidence in private within the courtroom • Use AAC

4. Launch of the pilot scheme Feb 2004, in Merseyside Intermediaries are the latest in a number of Government initiatives aimed at providing better services & support for both victims & witnesses. I believe they will play an important role in encouraging more witnesses to come forward whilst extending access to justice to some of the most vulnerable people in society. Baroness Scotland, Minister for Victims & Witnesses.

5. Pathfinder areas • Thames Valley • West Midlands • Merseyside • Norfolk • Devon & Cornwall • South Wales • Leicestershire National rollout – April 2008

6. What does an intermediary do? Youth Justice & Criminal Evidence Act 1999 (Section 29)‏ “The function of an intermediary is to communicate • To the witness, questions put to the witness, & • To any person asking such questions, the answers given by the witness in reply to them, and to explain such questions or answers so far as necessary to enable them to be understood by the witnesses or person in question”.

7. Who can be helped by an intermediary • Children and young people under 17. Those who: • Have a mental disorder (as defined by the Mental health Act 1983)‏ • Have a learning disability • Have a physical disability/disorder

8. Who decides when an intermediary can be used? • During an investigation, the police or lawyer may decide that a witness requires the use of an intermediary. • An application for this “Special Measure” is made to the judge/magistrate.

9. When are Intermediaries used? • During the initial questioning stage through to the court proceedings

10. The use of AAC • For aids to communication to be admitted by a court as part of admissible evidence as special measures, direction must be granted. • Intermediaries should ensure that before using any aids to communication, they must check with the officer in charge of the case.

11. The Register of Intermediaries Intermediaries have to: • Apply to the Criminal Justice System • Be interviewed by the assessment panel – assessed on core competencies by Intermediary Registration Board (IRB) panels • Undertake a week’s training • Undergo regular CPD, to be monitored by the Standards Board

12. Who can be an intermediary? • Application process is competence based. • Open to those with a wide range of individual skills & experience. • Need to demonstrate that they are experts at facilitating communication with people with communication difficulties. • Need to have the ability to operate effectively as intermediaries in criminal proceedings.

13. Intermediaries • 152 registered Intermediaries • Have assisted over 1400 vulnerable witnesses • whose evidence may not have otherwise been considered. • Following successful national rollout 40 of the 42 constabulary areas have implemented the Intermediary Special measure with the final two to follow in July and September.

14. Statistics • 2004 20 referrals • 2005 129 • 2006 310 • 2007 558 • 2008 (end May) 409