What is the role of an intermediary in court?

The role of an intermediary was created by the Youth Justice and Criminal Evidence Act 1999 to aid in criminal cases which involved vulnerable witnesses. However, the use of intermediaries has since spread to be included in Family Court proceedings due to the needs and vulnerabilities of many people involved in these proceedings.

An assessment for an intermediary may be granted by the Court if they consider that the person is vulnerable and to enable them to give their best evidence. There is no specific definition for vulnerable but can include for example if the person:

• Has a learning difficulty
• Has a mental health condition which affects their ability to communicate under pressure and stress
• Is a child under the age of 18
• Has a physical disability which impacts on their ability to communicate effectively for example speech and hearing difficulties
• Has previously been a victim of domestic or sexual abuse
• Has gender or sexuality issues

The Court has a duty to vulnerable witnesses or parties to the proceedings to ensure that they can fully participate in Court proceedings when they may need to communicate in Court and may need help to understand the Court process. The use of an intermediary also ensures that the person remains part of the decision making process and has a fair hearing as per Article 6 of the European Convention on Human Rights.

If a person has filed a statement during the proceedings, it may be that they are required to give oral evidence during the proceedings which can be daunting and they may need to be supported through this in order to give their best evidence.

If the Court grants the assessment for an intermediary, an organisation such as Communicourt or Triangle will come to assess the person to see if they consider that an intermediary is needed for the rest of the court process; the cost of this assessment is funded by the Court. They may also take into account any other expert report such as a psychological report, cognitive or capacity assessment.

If it is decided that an intermediary should be appointed, they can make recommendations such as indicating any special measures that should be used during the hearings. Special measures could include the use of screens to prevent the person seeing someone else in the room or via video link, meeting the judge beforehand, practising the giving of evidence or simply suggesting breaks during the giving of evidence. This report will also advise other professionals on the person’s ability to communicate and how best to work with that person during the proceedings.

Contact Johnson Astills Solicitors' friendly team 

Here at Johnson Astills, our focus is on client care and ensuring that we assist and support every client through any proceedings in Court in the most appropriate way. Please do not hesitate to call our office on 0116 2554855 if you need specialist legal advice and ask to speak to the relevant department.