Intermediaries in the Criminal Justice System

Name: Intermediaries in the Criminal Justice System | Improving Communication for Vulnerable Witnesses and Defendants
Brand: Policy Press
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Improving Communication for Vulnerable Witnesses and Defendants

Joyce Plotnikoff Richard Woolfson(Autor*in)

Policy Press

1. Auflage

Erschienen am 16. Juni 2015

352 Seiten

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978-1-4473-2607-6 (ISBN)

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Inhalt

Intro
INTERMEDIARIES IN THE CRIMINAL JUSTICE SYSTEM
Contents
About the authors
Acknowledgements
Foreword
1. Introduction: a fresh pair of eyes
Intermediaries: new players in the criminal justice system
Explanations
2. The intermediary scheme in England and Wales
The intermediary special measure
Registered intermediaries
Restricting eligibility for the pilot scheme
National Crime Agency Witness Intermediary Scheme matching service
Registration
Wider use of intermediaries
Mavis and the disappearing teeth
3. Behind the scenes: planning to assess the witness
Contacting the police and obtaining background information
The assessment location
Carrying out the assessment and interview on the same day
Length and number of assessment sessions
Failure to identify the need for an intermediary before the police interview
Last-minute requests
Helping Chris manage her stress while giving evidence
4. Assessment methods and involvement of the interviewer
Creative assessment methods
Serving the needs of the criminal justice process
Presence of the interviewer at the assessment
Jim: a sense of humour despite a catastrophic brain injury
5. Communication aids and stress reduction strategies
Recognising the value of communication aids
Representations, parts of the body, positioning and penetration
Timelines
Photographs
Other aids to communication
Helping the witness to focus and to manage stress
The helpful fire alarm and Tammy, a selective mute witness
6. Contributing to the effectiveness of the police interview
Joint planning
The interview location
Setting rules for the interview
The intermediary's contribution during the interview
Testing understanding of 'truth and lies'
Interviews that require more time
Interviewing young children
Appointment of an intermediary for a further interview
Interviews that do not disclose an offence
Upma and a breakdown in communication
7. Negotiating professional space at the ground rules hearing
The case management background
Establishing the need for 'ground rules': the first pilot trials
Towards a ground rules hearing before every intermediary trial
Acceptance of the intermediary's role at the ground rules hearing
The need for realistic timetabling in a trial with multiple vulnerable witnesses
8. Making the ground rules hearing effective
Discussion before the ground rules hearing
Holding the ground rules hearing before the day of trial
Encouraging meaningful discussion
Alerting the court to a communication problem
Alerting the court if the witness needs a break
Setting limits on the duration of questioning
Clear judicial decisions on ground rules
The mid-trial ground rules hearing
Kevin, aged six, and the 'paramedic' judge
9. 'Every reasonable step': preparation for giving evidence
Pre-trial familiarisation visits
Expressing an informed view about how to give evidence
Face-to-face questioning in the live link room
Refreshing memory and watching the DVD
A supporter of the witness's choice: an additional special measure
Explanations and introductions
Working with witness supporters and Witness Care Units
Intermediary recommendations for greater flexibility at trial
Danielle, the ticking clock and the 'deadpan' intermediary
10. Cross-examination: research, case law, training and regulation
Cross-examination and research
Watershed decisions from the Court of Appeal
Other cases: influential for the wrong reasons
Training the judiciary
Advocacy training
Quality assurance scheme for advocates
Complaints against barristers
Advocacy Training Council guidance on The Advocate's Gateway
Ken: four adjournments, three pre-trial hearings, three judges, two prosecutors - and an extra wig in court
11. Cross-examination: intervention at trial
Responsibilities for intervention
Principles of intermediary intervention
Intermediary interventions: advocates' language
Intermediary interventions: witness answers
Intermediary interventions: judicial language
Judicial interventions
Overlapping responsibilities to intervene
Pre-recorded cross-examination of Faye, aged four, and the tight squeeze
12. Cross-examination: challenges at the cutting edge
Reviewing the advocate's questions in advance of cross-examination
Leading questions and 'not putting the case' to the witness
Section 28 pre-trial cross-examination
Use of acupressure and a quiet room at court for Simon, a defendant with symptoms of mental illness
13. The uneasy position of vulnerable defendants
Profile of intermediary appointments and private sector providers
Finding and funding a defendant intermediary
The police interview
Assessment
Facilitating the defendant's participation before trial
Facilitating the defendant's participation at trial
Working in the dock
The skills and status of the defendant intermediary
The response of defendants
Tag-teaming with Mike, a defendant at the Old Bailey
14. A new profession
Feedback on intermediary performance
Governance and accountability
The need for support
Requests for appointment and numbers on the register
Addressing future growth
Paying for intermediaries
Correcting misconceptions and raising awareness
Abeni and the musical judge
15. Conclusion
The intermediary contribution to justice and fairness
Challenges for advocacy
References
Index
Table of cases

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