Intermediaries

Intermediaries can help us work better with witnesses who have communication difficulties. They can be used at any point in the case; from investigation to trial.

Like any Special Measure, the CPS must apply to the court for an intermediary to be used and the defence may oppose the application. The final decision rests with the courts.

Intermediaries can give advice to police and CPS to help achieve more productive interviews and at court to get best evidence at trial. This could be about:

• How a witness communicates and their levels of understanding;
• How it would be best to question them to get best evidence;
• Types of questions to avoid;
• What question formulation is likely to get the most accurate response;
• How long the witness will need to answer a question;
• When they will require a break in questioning.

Intermediaries can also directly assist in the communication process helping a witness understand questions during an investigation or testimony at trial and helping them communicate their answers.

Intermediaries are independent and do not pursue their own line of questioning. They are not an interpreter, an investigator, an advocate, appropriate adult or witness supporter. Their duty is to the Court and to justice, they have to make a declaration stating this when they assist a witness in giving evidence.