Transcript The Role of the Intermediaries

The Role of the Intermediaries
AAC SIG 12th June 2008
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”
Special Measures set out in the
Youth Justice & Criminal Evidence
Act 1999.
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Intermediaries
Video-recorded statements
Live television links
Using screens in the courtroom
Give evidence in private within the
courtroom
• Use AAC
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.
Pathfinder areas
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Thames Valley
West Midlands
Merseyside
Norfolk
Devon & Cornwall
South Wales
Leicestershire
National rollout – April 2008
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”.
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
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.
When are Intermediaries used?
• During the initial questioning stage through
to the court proceedings
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.
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
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.
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.
Statistics
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2004
2005
2006
2007
2008 (end May)
20 referrals
129
310
558
409