ORIGINAL ARTICLE: The emerging role of the Registered Intermediary with the vulnerable witness and offender: facilitating communication with the police and members of the judiciary

Abstract

Accessible summary Many people with a learning disability are frightened when they are interviewed by the police. They are worried that the police will not understand their story and sometimes keep quiet because they do not understand what is happening. It can also be very worrying for a person with a learning disability if they have to attend court and give evidence. The law allows for vulnerable witnesses to have access to support from a professional known as an intermediary. The law does not yet support vulnerable offenders in this way, but It may now be possible to get professional support from an intermediary if you are an offender. The intermediary might be able to help you communicate with the police and with people at court if you are a witness or an offender. Summary Being interviewed by the police as a witness or as a suspect can be a frightening experience for many people; these feelings can be multiplied for many people who have a learning disability and who do not understand the legal proceedings. Intermediaries were introduced by the Youth Justice and Criminal Evidence Act 1999 as one of the special measures available to help facilitate communication between the police, the courts and the vulnerable witness. Research has shown that this measure has been valuable in assisting the vulnerable witness to testify. This study was an exploratory examination of the recent use of intermediaries with defendants. The defendant does not by law have the right to an intermediary; however the Coroner’s and Justice Bill (2008–09), is attempting to amend this situation. Meanwhile judges are starting to request an intermediary for vulnerable defendants, in the interests of justice. Using a mixed methods approach this study found that intermediaries were very positive about the need for vulnerable defendants to have support. The intermediaries also highlighted that they required additional training and they raised concerns about how their role was viewed by the courts when they were assisting defendants.

The Impact of the Registered Intermediary on Adults’ Perceptions of Child Witnesses: Evidence from a Mock Cross Examination

“…However, what is not clear is the effect the scheme has on the fairness of criminal proceedings. In particular, how the presence of the intermediary affects juror perceptions of the vulnerable witness in court (O'Mahony, 2010). In England and Wales intermediaries can be seen over the live link sitting next to the vulnerable witness whilst they are being cross examined or sitting/standing next to the witness when they are being cross examined in the courtroom.…”

“…Some research studies report no differences for jury perceptions when comparing live link versus open court testimony (Orcutt, Goodman, Tobey, Batterman-Faunce, & Thomas, 2001;Ross, Hopkins, Hanson, Lindsay, Hazon, & Eslinger, 1994). However, the majority demonstrate that jurors view testimony more positively and are better convinced when they observe children in court than across a video link (Landstrom & Granhag, 2007, 2010. Jurors perceive children as less credible (Eaton, Ball, & O'Callaghan, 2001), accurate and believable when they testify via live link and some research indicates this may affect conviction rates with a bias in favour of the defence (Goodman et al, 1998).…”

“…However, the practice is not standardized, training is not accredited and there is no quality assurance. Registered intermediaries who have also worked with defendants have expressed concern about how they would be perceived by the jury when assisting a vulnerable defendant in court (O'Mahony, 2010).…”

“I’d trust them if they understood learning disabilities” support needs of people with learning disabilities in the Criminal Justice System

“…Like appropriate adults, provision is inconsistent, and training may be insufficient (O'Mahony, 2010). In court, witnesses and victims are statutorily entitled to special measures, with defendants supported only at the discretion of the court.…”

Accused of murder: supporting the communication needs of a vulnerable defendant at court and at the police station

“…The Youth Justice and Criminal Evidence Act 1999 introduced the role of the Registered Intermediary to the criminal justice system allowing vulnerable witnesses to have access to communication experts to facilitate communication during police interviews and whilst providing testimony at court (O'Mahony, 2009). Following an assessment of communication strengths and limitations, the Registered Intermediary provides a written report to the court outlining recommendations for questioning the witness at court and these recommendations must be discussed with counsel and the judge at a ''Ground Rules'' hearing prior to the commencement of the trial (O'Mahony, 2009).…”