In preparation for trial, courts are expected to take ‘every reasonable step’ to facilitate the participation of a witness or defendant, including giving directions for the appropriate treatment of the person, especially in intermediary cases (Criminal Procedure Rules 3.9(3)(b) and 3.9(6), 2015; Criminal Practice Direction 3D2, 2015). Intermediaries have become adept at turning this exhortation into practice in a variety of creative ways.

This chapter describes intermediaries’ involvement in the witness’s pre-trial familiarisation visit to the court; how they help ensure witnesses make an informed choice about how to give evidence and refresh their memories from their police statements; why intermediaries may recommend face-to-face questioning in the live link room; how they facilitate witness introductions to the judge and advocates; and how they collaborate with the Witness Service and Witness Care Units. The chapter concludes with examples of innovative intermediary recommendations which have helped maximise best evidence from vulnerable people.

Pre-trial familiarisation visits

The Witness Charter entitles all witnesses to visit the court before trial (Ministry of Justice, 2013b, Standard 11). They and their families almost always find this helps to demystify the trial process and allay anxieties. Visits are usually conducted by the Witness Service, available to both prosecution and defence witnesses and staffed in every court by a paid manager and a team of trained volunteer supporters. (Citizens Advice took over management of the Witness Service from Victim Support in 2015.) Eight locations also benefit from a specialist Young Witness Service which continues to be managed by Victim Support.

Where staff schedules permit, witnesses can meet the supporter and the court usher whom they will see at trial. Sometimes pre-trial visits are not offered or witnesses fail to follow up. Intermediaries are usually proactive in arranging visits and are expected to accompany the witness. Their presence assists in facilitating communication between witnesses, supporters and court staff. Visits also give intermediaries the opportunity to see the court as the witness sees it, as Jeeves describes: