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three - Behind the scenes: planning to assess the witness

Published online by Cambridge University Press:  08 March 2022

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Summary

Intermediaries are not like interpreters who can be booked at the last minute to turn up and translate questions and answers. Their work begins with an informal meeting with the witness for the purpose of building rapport and assessing the person’s communication skills. This forms the basis of recommendations about how best to communicate with the witness and whether the assistance of an intermediary is required. This chapter describes the preparatory work intermediaries undertake prior to assessment. Even setting up these meetings poses practical challenges. Someone needs to accompany the intermediary, who should never be alone with the witness; it is preferable for this to be the officer who will conduct the interview. Ideally, there is time beforehand to obtain information about the witness from informal and professional sources and to send the witness a personalised letter of introduction. In practice, assessments are often requested at short notice, with little background information; many take place in challenging surroundings.

Contacting the police and obtaining background information

‘The intermediary spoke to the witness’s teacher and her psychologist. As a result of gaining background knowledge of the witness’s learning difficulties, she produced cards which enabled the witness to have a greater understanding of the questions I asked. Due to the assessment, the video interview produced best evidence.’ (Police officer)

The assessment cannot take place until the intermediary and the relevant police officer have spoken. Delays are inevitable when officers are hard to contact because of shift patterns or leave and no alternative officer has been identified. Making contact and finding convenient dates to see the witness together often requires perseverance. The police do not provide all the details of the alleged offence but still need to give intermediaries basic information, for example whether the allegation is sexual; involves a family member, carer or teacher; whether the witness has been bereaved; and whether a child is being looked after by the local authority or an adult has been removed to a place of safety. Jeeves assessed P, a young teenager, and enquired about P’s support in the classroom: “Fortunately there was only a brief mention of this before the topic moved on, but the police officer confessed afterwards that her heart was in her mouth. The officer hadn’t warned me that the suspect was a classroom assistant.”

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Intermediaries in the Criminal Justice System
Improving Communication for Vulnerable Witnesses and Defendants
, pp. 25 - 38
Publisher: Bristol University Press
Print publication year: 2015

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