1. 1 INTERMEDIARIES Gillian Harrison Head of Court Procedures and Evidence Section Better Trials Unit, OCJR 4 th Annual Vulnerable and Intimidated Witnesses Conference 31 October 2007

2. 2 The Wider Context-1 Code of Practice for Victims of Crime  Sets out statutory rights for victims for the first time  Vulnerable and intimidated witnesses eligible for an enhanced service from CPS, police and HM Courts Service  Police have responsibility to: - identify victims as vulnerable and intimidated - must ensure that information is passed as necessary to other organisations with Code responsibilities

3. 3 The wider context - 2 Disability Discrimination Act 1995 Public sector duty to promote disability equality – includes  taking steps to meet the needs of those with disabilities  making reasonable adjustments to the service

4. 4 Special measures Youth Justice and Criminal Evidence Act 1999  Video recorded evidence in chief  Evidence by live link  Screens round the witness box  Giving evidence in private  Intermediaries- give a voice to vulnerable witnesses  Communication aids

5. 5 What is an Intermediary? “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 as far as is necessary to enable them to be understood by the witnesses or person in question” [s29 Youth Justice and Criminal Evidence Act 1999]

6. 6 What an Intermediary does  Helps vulnerable witnesses and criminal justice practitioners at every stage of criminal proceedings from investigation to trial.  Carries out initial assessment of witness’s communication needs  Provides advice (including a written report) to help achieve more productive interview or get best evidence at trial - types of questions to avoid - need for regular breaks etc  Directly assists in the communication process  Assists with pre-trial preparation

7. 7 What an Intermediary doesn’t do Functions  protect the witness from distressing questions  change the substance of the evidence  act for the prosecution or defence (responsible to court) Roles They are not:  an interpreter (foreign language, BSL etc)  an investigator or advocate  an Appropriate Adult  a witness supporter

8. 8 Who can get help from an Intermediary?  available to vulnerable witnesses under s16 of the 1999 Act i.e. anyone: >Under 17 years of age >Who’s quality of evidence affected by: mental disorder or impairment of intelligence and social functioning or physical disability/disorder  available for both prosecution and defence witnesses  court must decide that assistance with communication and/or understanding will improve/maximise witness’s quality of evidence – if so makes Special Measures Direction  approval can be retrospective

9. 9 Project Overview 1  6 original pathfinder areas: Merseyside, West Midlands, Thames Valley, Norfolk, South Wales, Devon & Cornwall,  2 additional areas from April 2007: Derbyshire and Leicestershire  Final independent evaluation report published June 2007 - found that practitioners considered half of trial cases would not have got to court without an intermediary

10. 10 Project Overview 2 Phased national roll out agreed Phase 1- November- December 2007 - Bedfordshire, Cambridgeshire, Essex, Hertfordshire, Lincolnshire, Northamptonshire, Nottinghamshire and Warwickshire Phase 2 – full roll out completed by April 2008 100 Registered intermediaries - rising to 140 Almost 900 vulnerable people assisted since 2004

11. 11 Project Overview 3  Central intermediary matching service provided by OCJR during roll out  To be outsourced in due course  Central funding of pathfinder phase by OCJR  During national roll out- central funding for 12 months  Costs to be met locally thereafter

12. 12 Key messages Evaluation has shown that intermediaries :  Help improve practitioner decision making/trial planning  Make investigative interviews and court testimony more accurate, complete and coherent  Help increase access to justice for the most vulnerable people in society by helping to bring cases to court which never would have got there before  Help ensure that all victims and witnesses are confident in the CJS  Help to bring more offenders to justice

13. 13 Challenges  Early identification of vulnerable or intimidated witnesses  Using intermediaries during investigation to help assess capability of witnesses  Planning ahead- for interview and trial  Communication about witnesses’ needs to CJS agencies involved

14. 14 OCJR CONTACTS Project Delivery Unit- Intermediaries Team Louise Selby Lucienne Edge Project Manager Intermediary matching service 020 7035 8476 020 7035 8461 louise.selby@cjs.gsi.gov.uk lucienne.edge@cjs.gsi.gov.ukouise.selby@cjs.gsi.gov.ukucienne.edge@cjs.gsi.gov.uk Better Trials Unit - Policy on special measures Stephen Underwood 020 7035 8474 stephen.underwood@cjs.gsi.gov.uk