Intermediaries in the criminal justice system : improving communication for vulnerable witnesses and defendants / Joyce Plotnikoff and Richard Woolfson.
This is the first book about the intermediary scheme, criminal justice's untold 'good news story'. Intermediaries are independent communication specialists who assist children and vulnerable adults at police interviews and trials, helping to improve the quality of their evidence and p...
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| Format: | eBook |
| Language: | English |
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Bristol :
Policy Press,
2015.
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Table of Contents:
- 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.