‘A very valuable tool’

Abstract

The intermediary is the first new, active role to be introduced into the criminal trial in two centuries, and could be seen as a potential threat to the principle of party control of the evidential process. The merits of the scheme are of considerable interest to jurisdictions such as New Zealand, Australia and even South Africa, where similar ideas are under discussion. This article reports on findings from a recent series of interviews with judges, advocates and Registered Intermediaries in England and Wales as to how the scheme is received by practitioners and as to whether it is in fact being experienced as a threat to the counsel’s ability to examine witnesses. The findings suggest that there is in fact little to fear from the intermediary system.