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INTERMEDIARIES IN THE CRIMINAL JUSTICE SYSTEM

Improving communication for vulnerable witnesses and defendants

Joyce Plotnikoff and Richard Woolfson

First published in Great Britain in 2015 by

Policy Press University of Bristol 1-9 Old Park Hill Bristol BS2 8BB UK Tel +44 (0)117 954 5940 e-mail

North American office: Policy Press c/o The University of Chicago Press 1427 East 60th Street Chicago, IL 60637, USA t: +1 773 702 7700 f: +1 773-702-9756 e:

Joyce Plotnikoff and Richard Woolfson 2015

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library.

Library of Congress Cataloging-in-Publication Data
A catalog record for this book has been requested.

ISBN 978-1-4473-2608-3 ePub
ISBN 978-1-4473-2609-0 Kindle

The right of Joyce Plotnikoff and Richard Woolfson to be identified as authors of this work has been asserted by them in accordance with the Copyright, Designs and Patents Act 1988.

All rights reserved: no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior permission of Policy Press.

The statements and opinions contained within this publication are solely those of the authors and not of the University of Bristol, Policy Press or the Nuffield Foundation. The University of Bristol, Policy Press and the Nuffield Foundation disclaim responsibility for any injury to persons or property resulting from any material published in this publication.

Policy Press works to counter discrimination on grounds of gender, race, disability, age and sexuality.

Cover design by Hayes Design, www.hayesdesign.co.uk
Readers Guide
This book has been optimised for PDA.
Tables may have been presented to accommodate this devices limitations. Image presentation is limited by this devices limitations.

This book is dedicated to John Thomas and Igor Judge, the current and former Lord Chief Justice, whose leadership has furthered the cause of vulnerable people at court; to the intermediaries themselves, a small group of professionals who punch above their weight; to Barbara Esam, Deborah Turnbull and Kathy Rowe, with whom we worked for longer than any of us care to remember; and to Emily Henderson, who nagged us into embarking on this project, provided the artwork, generously shared her unpublished research and collaborated over many late night and early morning conversations between Hertfordshire and New Zealand.

Contents

About the authors

Acknowledgements

Foreword by Lord Thomas of Cwmgiedd, Lord Chief Justice of England and Wales

one	Introduction: a fresh pair of eyes
two	The intermediary scheme in England and Wales
three	Behind the scenes: planning to assess the witness
four	Assessment methods and involvement of the interviewer
five	Communication aids and stress reduction strategies
six	Contributing to the effectiveness of the police interview
seven	Negotiating professional space at the ground rules hearing
eight	Making the ground rules hearing effective
nine	Every reasonable step: preparation for giving evidence
ten	Cross-examination: research, case law, training and regulation
eleven	Cross-examination: intervention at trial
twelve	Cross-examination: challenges at the cutting edge
thirteen	The uneasy position of vulnerable defendants
fourteen	A new profession
fifteen	Conclusion

References

About the authors

Joyce Plotnikoff and Richard Woolfson have worked together since 1991 and formed Lexicon Limited in 2003. Projects include the Child Witness Pack (1993, NSPCC and ChildLine); Prosecuting Child Abuse (1995, Blackstone); the judicial training film A Case for Balance (1997, NSPCC); The Go-Between, Evaluation of Intermediary Pathfinder Projects (2007, Ministry of Justice); Measuring Up? Evaluating Implementation of Government Commitments to Young Witnesses in Criminal Proceedings (NSPCC and Nuffield Foundation, 2009); and Registered Intermediaries in Action (NSPCC and Ministry of Justice, 2011). With Professor Penny Cooper, they are co-founders of www.theadvocatesgateway.org, the Advocacy Training Councils website launched in 2013, and wrote its first 11 toolkits. For over 20 years, they have trained members of overseas judiciary in England and abroad.

Richard holds a doctorate in mathematics from the University of Oxford. He spent six years as an academic before joining the information technology industry. He has been a magistrate, a member of the Access to Justice subgroup of the Civil Justice Council and chaired his local Courts Board and Crown Prosecution Service Local Scrutiny Involvement Panel.

Joyce studied at the Universities of Bristol and Oxford. She has been a social worker and childrens guardian. She was a lawyer in the US courts for 10 years. In 1981 she received a US Supreme Court Fellowship and the Justice Tom C Clark award; in 2013, she received an Administration of Justice award from the US Supreme Court Fellows Association. Joyce is a member of the pool of experts advising the Judicial College of England and Wales. In 2015 she received a DBE in the Queens New Year Honours List.

Relevant guidance is available in toolkit 16, Intermediaries: step by step (www.theadvocatesgateway.org) and in Making the most of working with an intermediary (www.lexiconlimited.co.uk).

The Nuffield Foundation

The Nuffield Foundation is an endowed charitable trust that aims to improve social wellbeing in the widest sense. It funds research and innovation in education and social policy and also works to build capacity in education, science and social science research. The Nuffield Foundation funded this project, but the views expressed are those of the authors and not necessarily those of the Foundation. More information is available at www.nuffieldfoundation.org

Acknowledgements

We are indebted to 20 remarkable intermediaries who shared details of all aspects of their work. Their professional backgrounds span speech and language therapy, psychology, teaching, psychotherapy, occupational therapy and community development with deaf people. Their previous occupations have also included police officer, opera singer and actor; overseas development in Cambodia, Sri Lanka, India and Mozambique; and the only speech and language therapist in Botswana. A further 45 intermediaries generously provided additional case examples. Our contributors cover every area of relevant specialist skill.

Statistical information was provided by Rachel Surkitt, National Crime Agency; Baljit Wirk and her team at the Ministry of Justice; Lisa McCrindle, NSPCC; and Amanda Naylor, Victim Support. Advice was provided by Karen Bryan and Sally Jones, both of whom have played key roles in independent oversight of the intermediary scheme since its inception. Thanks are also due to the Advocacy Training Council, Bar Standards Board, Criminal Bar Association, Crown Prosecution Service, HM Courts and Tribunals Service, Judicial College, Law Society, Northern Ireland Department of Justice and the Solicitors Association of Higher Courts Advocates for their patience in responding to our queries.

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