This has been produced along with Volume 2: Draft Legislation as a combined document Presented to Parliament pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by the House of Commons to be printed on 12 January 2016

This is the first book about the intermediary scheme, criminal justice's untold 'good news story'. It provides a comprehensive explanation of how intermediaries work in practice and gives 'behind the scenes' insights into the criminal process. It will be of interest to practitioners and the wider public.

The intermediary special measure is designed to facilitate communication with certain categories of vulnerable witness at investigative interview and trial. This article presents findings from an evaluation in pathfinder areas. It describes benefits emerging from the use of intermediaries at trial. It also highlights a range of obstacles to be overcome in achieving effective national roll out of the scheme.

The Youth Justice and Criminal Evidence Act 1999 made available a range of special measures to help vulnerable and intimidated witnesses give their best evidence. These include giving evidence by TV link or being screened from the defendant in court; video-recorded evidence-in-chief; removal of wigs and gowns; clearing the public gallery; and aids to communication. The special measures are available to prosecution and defence witnesses but not defendants. Section 29 of the Act made available the use of an intermediary to three categories of vulnerable witness: those under 17; adults whose quality of evidence is likely to be affected by a mental disorder or impairment of intelligence and social functioning or who have a physical disorder or disability. Following assessment of the witness, the intermediary’s role at investigative interview and trial is to enable ‘complete, coherent and accurate’ communication to take place. Intermediaries are approved for use by the court and are allowed to explain questions and answers to the witness, but not to change the substance or meaning of evidence. The role may assist questioners to test the witness’s evidence but intermediaries cannot provide an opinion on whether the witness is truthful.

This chapter contains section titled: Inadequate Mechanisms for Recording and Passing on Information Before the Trial Poor Communication with the Court The Lack of Consistency in the Exercise of Judlclal Discretion The Presence of a Supporter When the Child Gives Evidence Who Is Responsible for Children's Welfare While they are Giving Evidence? Judicial Training The Future References