Non-registered Intermediary Service
Elizabeth has experience of acting as a non-registered intermediary for vulnerable defendants with speech, language and communication needs. An assessment of your client’s speech and language will be undertaken and a comprehensive report produced outlining do’s and don’ts for communicating with the individual. Attendance at the Ground Rules hearing and throughout the court process is an integral part of this service.
The Youth Justice and Criminal Evidence Act 1999 was introduced in the House of Commons in April 1999. It created a regime of so-called “special measures” for dealing with vulnerable witness (both for the prosecution and defence) to enable them to give their best evidence.
Vulnerable witnesses
Witnesses eligible for special measures are:
1) Children (i.e. those under 18). Police are obliged to assess child witnesses as to the nature of their vulnerability due to age.
2) People with a mental or physical disability, that is witness, whom the court is satisfied are suffering from a mental or physical disability or disorder or a significant impairment of intelligence and social functioning by reason of which the court considers that the quality of evidence given by them is likely to be diminished. They are not eligible as of right but only if they satisfy the whole test.
Quality of evidence is quality in terms of completeness, coherence and accuracy. Coherence refers to their ability to give answers which address the questions put to them and can be understood both individually and collectively.
The function of an intermediary is “to communicate to the witness questions put to the witness and 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 witness or person in question.”
Vulnerable defendants
Defendants were excluded from the 1999 Act and were not eligible for special measures. A change began with the Police and Justice Act 2006 – a court was empowered to order that a defendant could give his evidence through a live link. The statutory criteria was however different:
· Where the accused is under 18, his ability to participate effectively in the proceedings as a witness giving oral evidence in court must be compromised by his level of intellectual ability or special functioning and use of the live link would enable him to participate more effectively in the proceedings as a witness (whether by improving the quality of his evidence or otherwise)
· Where the accused is over the age of 18 an he suffers from a mental disorder (within the meaning of the Mental Health Act 1983) or otherwise has a significant impairment of intelligence and social functioning and he is for that reason unable to participate effectively in the proceedings as a witness to give oral evidence in court and use of a live link would enable him to participate more effectively in the proceedings as a witness (whether by improving the quality of his evidence of otherwise.
Vulnerable defendants are frequently standing trial without receiving the professional assistance they need. A non-registered intermediary can:
What does the intermediary do?
Specialist Speech Therapy offers an intermediary service to vulnerable defendants. For details of this service follow this link.
Contact us today to discuss your needs or to arrange an assessment of your client's speech and language and report. Short deadlines can be met to meet the needs of the legal proceedings. Our services are based in Birmingham, Solihull and across the Midlands but other locations can are available on request.
Elizabeth has experience of acting as a non-registered intermediary for vulnerable defendants with speech, language and communication needs. An assessment of your client’s speech and language will be undertaken and a comprehensive report produced outlining do’s and don’ts for communicating with the individual. Attendance at the Ground Rules hearing and throughout the court process is an integral part of this service.
The Youth Justice and Criminal Evidence Act 1999 was introduced in the House of Commons in April 1999. It created a regime of so-called “special measures” for dealing with vulnerable witness (both for the prosecution and defence) to enable them to give their best evidence.
Vulnerable witnesses
Witnesses eligible for special measures are:
1) Children (i.e. those under 18). Police are obliged to assess child witnesses as to the nature of their vulnerability due to age.
2) People with a mental or physical disability, that is witness, whom the court is satisfied are suffering from a mental or physical disability or disorder or a significant impairment of intelligence and social functioning by reason of which the court considers that the quality of evidence given by them is likely to be diminished. They are not eligible as of right but only if they satisfy the whole test.
Quality of evidence is quality in terms of completeness, coherence and accuracy. Coherence refers to their ability to give answers which address the questions put to them and can be understood both individually and collectively.
The function of an intermediary is “to communicate to the witness questions put to the witness and 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 witness or person in question.”
Vulnerable defendants
Defendants were excluded from the 1999 Act and were not eligible for special measures. A change began with the Police and Justice Act 2006 – a court was empowered to order that a defendant could give his evidence through a live link. The statutory criteria was however different:
· Where the accused is under 18, his ability to participate effectively in the proceedings as a witness giving oral evidence in court must be compromised by his level of intellectual ability or special functioning and use of the live link would enable him to participate more effectively in the proceedings as a witness (whether by improving the quality of his evidence or otherwise)
· Where the accused is over the age of 18 an he suffers from a mental disorder (within the meaning of the Mental Health Act 1983) or otherwise has a significant impairment of intelligence and social functioning and he is for that reason unable to participate effectively in the proceedings as a witness to give oral evidence in court and use of a live link would enable him to participate more effectively in the proceedings as a witness (whether by improving the quality of his evidence of otherwise.
Vulnerable defendants are frequently standing trial without receiving the professional assistance they need. A non-registered intermediary can:
- Help the defendant to
understand the case against him/her
- Help the defendant to
instruct his/her legal team
- Help the defendant to
participate in the trial
- Help the defendant to
understand
the evidence in court
- Help the defendant with
giving
their evidence
- Help the defendant to
understand
the verdict and consequences
What does the intermediary do?
- Detailed
assessment
- Report
for the court
- Preparation
for the trial including conferences to discuss options and consequences
- Pre-trial
familiarisation visit
- Ground
rules hearing
- Attendance
at trial
- Sentence
hearing
Specialist Speech Therapy offers an intermediary service to vulnerable defendants. For details of this service follow this link.
Contact us today to discuss your needs or to arrange an assessment of your client's speech and language and report. Short deadlines can be met to meet the needs of the legal proceedings. Our services are based in Birmingham, Solihull and across the Midlands but other locations can are available on request.