We work with court users with communication differences and difficulties which may affect their ability to understand and participate in criminal proceedings.
We work with defendants and witnesses in criminal cases, making recommendations and implementing strategies to support their effective participation.
We act as impartial officers of the court, providing advice, recommendations and one-to-one support to help ensure clear communication and equal access to justice.
When can intermediaries assist in criminal proceedings?
The stage at which intermediaries assist depends on the court user, the case and decisions about support made by the Court.
When assisting a witness, an intermediary can be involved in a Ground Rules Hearing to discuss how their best evidence can be facilitated. The intermediary may check and provide feedback on questions in advance (if this measure is approved). They can then assist the court and court user during evidence, monitoring the individual’s attention, emotional regulation and the questions being put to them, to ensure they are best able to understand questions and provide clear responses.
When working with a defendant, an intermediary may be involved at a number of additional stages. This is because the defendant will be required to follow the thrust of proceedings, understand legal advice, understand concepts such as pleas (and the potential outcomes of key decisions), give clear, informed instructions, give their best evidence and understand the outcomes of their trial.
Subject to the court’s wishes and funding arrangements, Communicourt intermediaries can assist defendants at all stages of criminal proceedings, including pre-trial conferences, conferences throughout trial, the trial itself, probation interviews and sentencing hearings. We also accept evidence-only bookings, to facilitate communication between defendants and the court at this challenging stage of proceedings. You can learn more about intermediary assistance at different stages in a criminal trial here.
Intermediary assessments and reports
Following an intermediary assessment, we will make a recommendation regarding whether an intermediary will benefit your client’s participation. In some cases, we may conclude that your client does not require an intermediary, or that they are unlikely to be able to effectively participate, even with intermediary assistance. Even when an intermediary is not recommended, Communicourt reports provide a detailed account of your client’s communication profile and wider recommendations to support their participation, including any special measures they may need.
It may be helpful to provide your client with information about the intermediary role and assessment process prior to their appointment. This ‘What is an intermediary assessment’ explainer may be helpful. You can learn more about making referrals and bookings here.
Make a referral using our online portal or call us on 0121 663 0931 to discuss options for your client.
To learn more about the intermediary role in criminal proceedings, visit The Access Brief – a bank of free bite-sized guides developed for legal professionals by intermediaries.
Here you will find information about the intermediary role in Ground Rules Hearings, the purpose of ‘questions in advance’, and specific guidance on working with clients with common conditions which impact communication.
Testimonials
I would like to thank your company for the support given to my son in our recent court case. An intermediary being there took a lot of pressure off me as a parent and also allowed my son, who has mental health problems, a voice.
PARENT OF SERVICE USER
Our instructing solicitor benefitted from the intermediary’s assistance at key stages in the trial when conferences were of the utmost importance. We have all acted in many cases where intermediaries have been appointed. None of us have previously been impressed to the extent we were with your intermediary. He was of course appointed as an independent aid to facilitate communication with our client. There can be no doubt this was necessary, and we would like to convey our thanks for the assistance he provided. His professionalism, attention to detail, timely attendance at court and dedication to ensuring our client’s understanding was evident to all involved throughout the trial, even after adverse verdicts and at sentencing stage.
9 BEDFORD ROW & LAWTONS SOLICITORS
