Published online by Cambridge University Press: 08 March 2022
Intermediaries have emerged as a new professional identity: there is surely potential now for a distinct professional qualification. (In South Africa, the Institute of Child Witness Research and Training plans to launch a university-level National Diploma for Intermediaries in 2015: communication from Karen Muller, November 2014.) Management structures have not kept pace: governance of registered intermediaries who work with witnesses is much as it was at the end of the pilot stage and intermediaries who work with defendants are not subject to regulation at all. The expanded intermediary role has not been evaluated but it seems evident that the system, in respect of services to both witnesses and defendants, is under enormous pressure. In relation to witness work alone, a shrinking pool of registered intermediaries has experienced a five-fold increase in demand over the last five years.
This chapter looks at feedback about the work of intermediaries. It also addresses concerns for future governance: for example, logic dictates that the same regulatory requirements should apply to intermediaries for witnesses and for defendants. It is anomalous for the Ministry of Justice to have oversight of an operational service. The viability of current arrangements must be in question because the Ministry is pulling back from active management of even the existing small pool of registered intermediaries. Key components of effective governance are considered, including monitoring, training, mentoring and supervision, quality assurance and capacity planning. Some possible reasons for the high turnover of intermediaries on the register are explored with a view to encouraging investment in retention. The chapter highlights problems relating to payment for intermediary services and concludes by discussing the potential for raising the profile of the role.
Feedback on intermediary performance
‘The intermediary has an important function in the interests of justice.’ (Judge)
‘At trial, an intermediary is now considered a vital link in the chain to ensure that a witness or defendant is best placed to give evidence.’ (Barrister)
This section summarises feedback in respect of intermediary work with witnesses and with defendants. Comments from criminal justice professionals are overwhelmingly favourable.
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