Intermediaries in the Criminal Justice System
Improving Communication for Vulnerable Witnesses and Defendants
1st Edition
Published on 16. June 2015
352 pages
978-1-4473-2607-6 (ISBN)
Description
This is the first book about the intermediary scheme, criminal justice's untold 'good news story'. It provides a comprehensive explanation of how intermediaries work in practice and gives 'behind the scenes' insights into the criminal process. It will be of interest to practitioners and the wider public.
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Joyce Plotnikoff | Richard Woolfson
Intermediaries in the Criminal Justice System
Improving Communication for Vulnerable Witnesses and Defendants
Book
06/2015
1st Edition
Policy Press
€43.40
Shipment within 15-20 days
Persons
Author
Joyce Plotnikoff DBE has conducted vulnerable witness research for over 20 years. She is a lawyer, social worker and expert adviser to the Judicial College. She co-founded www.theadvocatesgateway.org, launched in 2013.
Richard Woolfson has conducted vulnerable witness research for over 20 years. He started out as a mathematician and was formerly a magistrate; member of the Civil Justice Council's Access to Justice subgroup; and chair of his local Courts Board and Crown Prosecution Service Local Scrutiny Involvement Panel. He co-founded www.theadvocatesgateway.org, launched in 2013.
Content
- 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
