Derbyshire uses its first ever intermediary
21/07/2006
Derbyshire CPS recently used its first ever intermediary in a court case to help secure justice for a victim with learning difficulties.
Special measures for vulnerable and intimidated witnesses are nothing new. But the introduction of intermediaries to assist victims and witnesses with communication difficulties (such as people with autism, learning difficulties or hearing impairments) is a new initiative for the criminal justice system.
"This particular case wounding with intent to cause grievous bodily harm was listed for trial week commencing 17 July" explained caseworker Melanie Towers, who was responsible for organising the use of the intermediary.
"Two weeks earlier, while talking to the Witness Services Manager at Derby Crown Court about the case, I found out that when the court tried to contact the victim to book a pre trial visit, his sister-in-law asked if she could accompany him on his visit.
"From further discussion it emerged that the victim had had a brain injury as a child. As a result he now had communication and emotional difficulties which meant if he wasn't able to express himself correctly, he could get frustrated, cry out in anguish or run out of the room. To add to this I was advised that he always wants to please and if posed a question will answer yes, this being the less provocative answer thereby making his life easier. This is obviously not a good situation, especially under cross examination!
"My first thought was therefore to use an appointed intermediary to assist the witness in giving best evidence to the court. As I was aware, one had not as yet been used in the Area. I began to make the necessary arrangements, and intermediary Naomi Mason was assigned to the case.
"An application was made to the court for a video link with the victim, and within a matter of days Naomi, after spending at least six hours with the victim, had an interim report prepared for the court in support of the addendum special measures application.
"The trial commenced with the victim giving evidence via video link with Naomi at his side in clear view of the court room. Prior to this Naomi explained to the court how the victim would become restless or agitated and how she would then indicate that a break was needed. During the trial on more than one occasion it was obvious that Naomi's support was vital in this case, but with a series of breaks the victim was able to complete his evidence.
"On the fourth day of trial the jury found the defendant guilty. HHJ Hamilton deemed a life sentence appropriate in this case as the defendant attacked someone with a disability in a merciless way within his own home, had shown no remorse and is a danger to the public. On 20 July Derek Clarke was sentenced to eight years custody.
"The use of an intermediary in this case was, I feel, a major factor as to whether justice would be served or not. It was apparent from the report submitted by Naomi Mason and from meeting the victim that he would not otherwise have come up to proof in front of a jury and the case would have been lost."