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Home » Victims and witnesses » Intermediaries

Intermediaries

What is an intermediary?

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

An intermediary can be appointed at any point if it becomes apparent that there is a communication issue. 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

Advice on questioning could include:

  • 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.

They can also help out in pre-trial preparation, such as a court familiarisation visit by the witness.

How do you decide whether an intermediary is needed?

All witnesses who are considered vulnerable can get help from an intermediary.

Under S16 of the Youth Justice and Criminal Evidence Act 1999, a vulnerable witness is someone:

  • Less than 17 years old or
  • Whose evidence would be diminished in quality because they have a:
    • mental disorder (within the meaning of the Mental Health Act 1983)
    • learning disability (significant impairment of intelligence and social functioning)
    • physical disability or physical disorder

Children don't need to have a disability or disorder to get help from an intermediary. They may just need help understanding the questions.

In order to make a direction allowing the use of an intermediary, the Court must decide that help with communication and/or understanding will improve the witness's quality of evidence. Approval can be retrospective where an intermediary was used during an investigation. Similar to other forms of special measures, application can be made by prosecution, defence or the Court.

What does the intermediary do?

An intermediary can usually be matched with a witness within one working day of the referral being received. They will then liaise with the police officer dealing with the case to organise a time for an initial assessment of the witness's communication needs.

At this stage they will not discuss the case in any way.  This assessment is for the intermediary to:

  • Evaluate the abilities and needs of the witness
  • Evaluate whether they have the necessary skills to act as the intermediary for the witness
  • Establish rapport with the witness so that their assistance enables the witness to give best evidence.

Once an initial assessment has been made, we are not committed to using an intermediary throughout the case. The intermediary may advise that they are not needed to achieve best evidence but may still provide advice on questioning.

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.