Stakeholders' perceptions of the benefit of introducing an Australian intermediary system for vulnerable witnesses

Powell, Martine B.; Bowden, Phoebe; Mattison, Michelle

doi:10.1177/0004865814543391

Cited by 9 publications

(17 citation statements)

References 22 publications

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“…The practice of intermediaries also varies dependent upon the country in which the scheme operates (Powell, Bowden, & Mattison, 2014). In South Africa the intermediary acts like an interpreter by listening to the questions put forward by counsel and translating these into words that the vulnerable person will understand (Criminal Procedure Act, 1977).…”

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confidence: 99%

“…The idea of the intermediary scheme has not been as well received by some practitioners in Australia. Powell et al (2014) carried out interviews with criminal justice practitioners and asked their views on the benefits of introducing an intermediary scheme there. Whilst the practitioners could see the positive implications for vulnerable witnesses they discussed a number of concerns.…”

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confidence: 99%

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

Collins

Harker

Antonopoulos

2016

Eur J Crim Policy Res

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Registered intermediaries are communication specialists appointed to facilitate the communication of vulnerable witnesses participating in the criminal justice system in England and Wales. Intermediaries assess the vulnerable individual's communication and provide recommendations to practitioners for how to obtain the individual's 'best evidence' during police interviews and in court. The scheme was implemented nationally in 2008, but has not been subject to rigorous research. The aim of the current article is to provide an account on adults' perceptions of the vulnerable individual when an intermediary assists their communication in court. In the present study one hundred participants viewed a mock cross examination of a child witness either with or without an intermediary present. Participants rated the child's behaviour and communication, and the quality of the cross examination, across a number of different variables. The age of the child was also manipulated with participants viewing a cross examination of a four or a thirteen year old child. The results showed the children's behaviour and the quality of the cross-examination were more highly rated when the intermediary was involved during cross-examination. The older child's crossexamination was rated as more developmentally appropriate, however no other age differences or interactions emerged. The findings have positive implications for jury perceptions of children's testimony when they are assisted by an intermediary in court, regardless of the age of the child witness. The success of the intermediary scheme in England and Wales may encourage the implementation of intermediaries internationally.

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confidence: 99%

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confidence: 99%

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

Collins

Harker

Antonopoulos

2016

Eur J Crim Policy Res

View full text Add to dashboard Cite

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“…The results of these pilot evaluations aside, Cooper and Mattison (2017) have highlighted the distinct lack of research into the intermediary role within the respective jurisdictions. Only a handful of studies have taken place to date (Collins, Harker, & Antonopoulos, 2017; Henderson, 2015; Henry et al., 2017; O’Mahony, 2009; O’Mahony, Creaton, Smith, & Milne, 2016; O’Mahony, Milne, & Smith, 2018; Powell, Bowden, & Mattison, 2015).…”

Section: Evaluation Of the Intermediary Role In Practicementioning

confidence: 99%

“…Two studies that are of particular relevance to the present research are Henderson (2015) and Powell et al. (2015).…”

Section: Evaluation Of the Intermediary Role In Practicementioning

confidence: 99%

‘It’s really good…why hasn’t it happened earlier?’ Professionals’ perspectives on the benefits of communication assistance in the New Zealand youth justice system

Howard

McCann

Dudley

2019

Australian & New Zealand Journal of Criminology

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Communication assistance is a form of specialist support for witnesses and defendants in justice settings who have been identified as having communication difficulties. This new role in New Zealand is modelled on the role of the intermediary in England and Wales. To date however, there has been no published review or evaluation on how communication assistance is functioning and being viewed by professionals in practice. This study provides a qualitative analysis of professionals’ perspectives (n = 28 participants) on the benefits of communication assistance for young people facing criminal charges in the New Zealand youth justice system. The main finding is that professionals are overwhelmingly in support of this new role. Professionals considered that communication assistance helps put the young person at the centre of youth justice, brings new knowledge and a fresh perspective, and helps the system to function as it ideally should.

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“…For comparison, see also the Witness Assistance Service (ODPP, NSW), https://www.odpp.nsw.gov.au/witness-assistance-service. As to the rise of intermediaries in the Australian context, see Powell et al (2015).…”

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confidence: 99%

Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence

Kirchengast

2021

The International Journal of Evidence & Proof

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The past several decades have witnessed a shift toward victim interests being considered and incorporated within adversarial systems of justice. More recently, some jurisdictions have somewhat contentiously considered granting sex offences complainants’ legal representation at trial. In Australia, the Royal Commission into Institutional Responses to Child Abuse (2017), the Royal Commission into Family Violence (2016) and the Victorian Law Reform Commission (2016) considered the potential role of legal counsel for complainants in the criminal trial process. While contrasting quite significantly with the traditional adversarial framework—which sees crime as contested between state and accused—legal representation for complainants is not unprecedented, and victims may already retain counsel for limited matters. Despite broader use of victim legal representation in the United States, Ireland and Scotland, and as recently considered by the Sir John Gillen Review in Northern Ireland, legal representation for sex offences complainants is only just developing in Australia. Notwithstanding recent reference to legal representation for complainants where sexual history or reputational evidence may be adduced, there exists no sufficient guidance as to how such representation may be integrated in the Australian criminal trial context. This article explores the implications of introducing such counsel in Australia, including the possible role of non-legal victim advocates.

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Stakeholders' perceptions of the benefit of introducing an Australian intermediary system for vulnerable witnesses

Cited by 9 publications

References 22 publications

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

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

‘It’s really good…why hasn’t it happened earlier?’ Professionals’ perspectives on the benefits of communication assistance in the New Zealand youth justice system

Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence

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