The Youth Justice and Criminal Evidence
Lead Research Organisation:
London School of Economics and Political Science
Department Name: Law
Abstract
The Youth Justice and Criminal Evidence Act 1999 (YJCEA) introduced a range of measures to facilitate the evidence gathering process in criminal courts for those considered 'intimidated' or 'vulnerable'. Collectively these special measures have aimed to maximise the quality of evidence and reduce the stress associated with the criminal justice process. However, a noticeably absent beneficiary of the statutory measures is the defendant who is not entitled to avail of the range of measures, subject to a few exceptions. The one particular measure my proposed research will focus on is the use of 'registered intermediaries' who are accredited and appointed by the Ministry of Justice (MOJ) to help facilitate communication between a witness and others in the criminal justice system. The MOJ's 'Witness Intermediary Scheme'(WIS) recruits and assesses suitable candidates who are all subject to a Code of Practice and a Code of Ethics. S.33BA of the YJCEA provides for examination of a vulnerable accused through an intermediary but has not been implemented and defendants are consequently not given the same access to registered intermediaries as other witnesses. Lady Justice Rafferty has judicially commented that "the intelligent observer would be puzzled" by the disparity in treatment (OP v Secretary of State for Justice).
People |
ORCID iD |
| Linda Mulcahy (Primary Supervisor) | |
| John Taggart (Student) |
Studentship Projects
| Project Reference | Relationship | Related To | Start | End | Student Name |
|---|---|---|---|---|---|
| ES/P000622/1 | 01/10/2017 | 30/09/2027 | |||
| 1953190 | Studentship | ES/P000622/1 | 22/10/2017 | 30/06/2021 | John Taggart |
| Description | I have discovered that the number of intermediaries who work with both vulnerable witnesses/complainants as well as vulnerable suspects/defendants is not particularly big. There are no official statistics for this, but I can say with a degree of confidence that the 20 intermediaries I have interviewed in England & Wales represents a sizeable % of the total amount. I have also discovered that intermediaries tend to 'perform' their role quite differently depending on whether they are assisting a defendant or a witness. This finding has not formed part of the literature anywhere and is a key success to using an empirical, qualitative study. I have built on previous knowledge of the criminal justice system's 'exclusionary' nature. Other literature has pointed to the fact that the 'court workgroup' of lawyers and judges tends to alienate other actors. I saw this first hand myself and this is significant as work by Mulcahy and Rowden (2019) has recently highlighted how the spacial configuration of the court buildings for example can isolate and exclude. |
| Exploitation Route | My project is the first to examine the 'role' of the intermediary from a socio-legal perspective. There is ample scope to probe further and ask questions about how performance of this role may contribute towards securing 'effective participation' for defendants. |
| Sectors | Government, Democracy and Justice |
| Description | I have discussed my early findings with the Ministry of Justice and also the Department of Justice in Northern Ireland. Based on what I found so far, the Department of Justice in Northern Ireland have asked me to research the possibility of intermediaries being used in the family courts. I can confidently say that my early findings and discussing them with the government department led to this project. |
| First Year Of Impact | 2020 |
| Sector | Government, Democracy and Justice |
| Impact Types | Policy & public services |
| Description | Advocacy Conference Nottingham |
| Form Of Engagement Activity | A talk or presentation |
| Part Of Official Scheme? | No |
| Geographic Reach | Regional |
| Primary Audience | Professional Practitioners |
| Results and Impact | I presented the early findings of my research to the 'Centre for Advocacy' at Nottingham Trent University. The event was attended by lawyers, judges, academics, policy makers and intermediaries. I made numerous contacts who I have since spoken to and have influenced my research. Some of my early findings sparked conversation about the 'neutrality' of the intermediary role. My early findings suggest that intermediaries struggle with this aspect of their role and many people asked questions about how I arrived at my findings and their potential impact. |
| Year(s) Of Engagement Activity | 2019 |
| Description | Discussions with Ministry of Justice |
| Form Of Engagement Activity | Participation in an activity, workshop or similar |
| Part Of Official Scheme? | No |
| Geographic Reach | National |
| Primary Audience | Policymakers/politicians |
| Results and Impact | I held discussions with the Ministry of Justice (MOJ) regarding their review of the Witness Intermediary Scheme (WIS). They invited me to talk to them about my early research findings but in particular the potential emergence of a 'professional identity'. This is something which the MOJ are looking at closely as they consider how to improve the WIS and its operation. I have been in contact with the MOJ since and am hopeful of continuing collaboration on this point. |
| Year(s) Of Engagement Activity | 2019 |