Intermediaries work with the police and courts to assist vulnerable witnesses to understand what information is being sought from them and respond in a way that their evidence is understood.
They assist in communication between:
- vulnerable witnesses and police
- vulnerable witnesses and the courts.
Intermediaries are engaged to:
- assess vulnerable witnesses and provide advice on their specific communication needs
- provide a communication strategy for police to use while taking a statement
- provide recommendations to lawyers and judges about how to communicate with vulnerable witnesses in court to minimise further trauma.
The Queensland Intermediary Scheme
The Queensland Intermediary Scheme (QIS) operates in Queensland and applies to vulnerable prosecution witnesses to child sexual offences. If a child or vulnerable person saw the offence or can give evidence relevant to the prosecution, they may become a witness in a criminal proceeding and may benefit from the services of an intermediary.
How do intermediaries work?
Intermediaries are communication specialists who have been appointed to the Intermediaries Panel (the Panel).
Before being appointed to the Panel, an intermediary must successfully complete training in the role and have a background in:
- speech pathology
- psychology
- occupational therapy
- social work.
Intermediaries are assigned work based on a matching of their experience with the witness’ needs.
Intermediaries are impartial and are not support persons for witnesses.
How are intermediaries involved in a case?
Intermediaries become involved in a criminal case when requested by police officers or lawyers on behalf of the court.
You should consider making a referral for, or applying to the court for the appointment of an intermediary when:
- a witness is a child who is the complainant of, or a witness to, a child sexual offence
- a witness to sexual offence against a child has an impairment of the mind or communication difficulty
Intermediaries involvement in a police investigation
When an intermediary is requested to be involved in a police investigation, they:
- will assess the witness communication needs
- will make recommendations to the police officer and offer communication strategies
- may attend the police interview to help the witness understand the questions and provide clear answers, at the request of the investigating officer.
Following a police investigation, the matter may proceed to trial.
During a court proceeding
When engaged in a court proceeding, an intermediary will:
- assess the witness's communication needs
- prepare a court report that includes recommendations for effective communication
- take part in a ‘directions hearing’ to discuss their recommendations
- attend court when the witness gives evidence to ensure the witness understands the questions asked of them and their evidence is understood.
If the matter goes to trial
If the matter proceeds to trial, the court may appoint an intermediary. Once engaged, the intermediary checks what communication assistance the witness needs and then prepares a report for the court.
The court report recommends communication strategies to get the best evidence from the witness. The judge, prosecutor and defence counsel discuss the report at a directions hearing which sets “ground rules” for the trial and the judge makes an order outlining the strategies to be used when the witness gives their evidence and the role the intermediary can play.
Providing evidence
When the witness gives their evidence, the intermediary usually sits next to them, along with a support person. The intermediary will monitor the questioning to ensure the court ordered recommendations are followed and the witness is giving their best evidence.
Contact
For further information or queries contact the QIS team.
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