Achieving Best Evidence: Special Measures & the role of the Intermediary with the vulnerable defendant Brendan O’Mahony Registered Intermediary 8 th International Conference on the Care & Treatment of offenders with a Learning Disability UCLAN 17th April 2009

Contents Terms Registered Intermediaries Vulnerable people (witnesses & defendants) Learning Disability – the main field in which I work Special Measures Previous Research How the system has worked with vulnerable witnesses My Research How the system operates with suspects and defendants My research plans UCLAN 17th April 2009

Registered Intermediary UCLAN 17th April 2009

Vulnerable Witnesses Vulnerable Why is this? Under 17 years old Mental disorder Learning disability Physical disability or physical disorder UCLAN 17th April 2009

Learning Disability Cognitive Impairment Social Impairment Commenced prior to age of 18 UCLAN 17th April 2009

Special Measures Court Removal of wigs and gowns Communication aids live link What measures will help this witness? Intermediary? Video-recorded evidence in chief? UCLAN 17th April 2009

The Research so far…. (Plotnikoff & Woolfson, 2007) The initial pathfinder sites report success Witnesses are benefiting The scheme is now a national one BUT Police suspects and defendants should also have access to the scheme UCLAN 17th April 2009

Why should vulnerable suspects & defendants qualify for intermediaries? They have a right to communicate their version of events accurately and not to be misunderstood They may simply not understand the questions they are being asked It is in the interest of justice UCLAN 17th April 2009

My research to date has explored What is working well? What difficulties are there when applying the scheme to defendants? UCLAN 17th April 2009

What is the process with a defendant? Defence team / judge or police identify possible vulnerable defendant Fax a request to the Intermediary Registration Board requesting an Intermediary Intermediary makes arrangements to assess vulnerable person Report written Recommending how to support defendant’s communication UCLAN 17th April 2009

Research Method Unstructured Interviews x 5 - Qualitative Data(Exploratory) followed by Questionnaire x 30 – Quantitative Data analysed using SPSS UCLAN 17th April 2009

Interviews (qualitative study)- emerging themes Perception of intermediary by others at court Hidden agenda by defence? Are they really necessary? Court practicalities Positioning in court Assessments in cells Remuneration Delayed payments from solicitors Loss of earnings if case cancelled UCLAN 17th April 2009

Quantitative study- example question UCLAN 17th April 2009

The good points emerging Police station Courtroom Defendant perhaps more likely to testify? Defendants appreciate support in court Judges requesting intermediaries A case where Police officers requested an intermediary prior to interviewing a suspect UCLAN 17th April 2009

And the issues to study… SystemPerceptions JuryPolice Barristers & Judges Impartiality of the intermediary Legal privilege UCLAN 17th April 2009

In summary: What the intermediaries say Vulnerable defendants need us We need more training, support and guidance We are not always available Who is going to pay me? UCLAN 17th April 2009

Planned Research Ethnography Researcher- practitioner Judges & barristers intermediaries Suspects & defendants Police & Witness care officers UCLAN 17th April 2009

Case Study “Ben” Defendant Charged with rape Self-esteem Understanding words Procedural understanding Challenges For RI role UCLAN 17th April 2009

Further reading Jacobson, J. (2008). No-one Knows; Police responses to suspects with learning disabilities and learning difficulties: a review of policy and practice. Prison Reform Trust Ministry of Justice (2007). Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses, and using Special Measures. Criminal Justice System / Crown Prosecution Service Office for Criminal Justice Reform. (2005). Intermediary Procedural Guidance Manual. London: Criminal Justice System. Plotnikoff, J. & Woolfson, R. (2007). The “Go-Between”: evaluation of intermediary pathfinder projects. Research Summary 1. Ministry of Justice Jacobson, J. (2008). No-one Knows; Police responses to suspects with learning disabilities and learning difficulties: a review of policy and practice. Prison Reform Trust Ministry of Justice (2007). Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses, and using Special Measures. Criminal Justice System / Crown Prosecution Service Office for Criminal Justice Reform. (2005). Intermediary Procedural Guidance Manual. London: Criminal Justice System. Plotnikoff, J. & Woolfson, R. (2007). The “Go-Between”: evaluation of intermediary pathfinder projects. Research Summary 1. Ministry of Justice UCLAN 17th April 2009