The NSW Child Sexual Offence Evidence Program initially commenced as a pilot program in 2016 but is now being rolled out Statewide. The purpose of the program is to assist child witnesses by modifying the traditional format of taking evidence. One of the special measures introduced is the use of witness intermediaries to assist with the communication needs of the child.
What is the role of a witness intermediaries?
A witness intermediary is an officer of the court and has a primary duty to impartially assist children to give their own evidence. They may advise the court whether the child can understand certain questions put to them and explain the most appropriate way to put certain question to ensure they are properly understood. They are not advocates for the child, nor are they expert witnesses or support persons.
Prior to the commencement of a trial, the witness intermediary has an interview with the child and prepares a report outlining specific communication issues the child may have and recommendations for how to best address these in court. These recommendations may suggest ways to restructure questions, and encourage the use of communication aids such as diagrams and flashcards. The report may also emphasise the need for frequent breaks based on a child’s attention span.
These recommendations are then discussed in a ‘ground rules hearing’. This is a scheduled meeting between the witness intermediary, the advocates and the judge where the judge may adopt the recommendations of the witness intermediary and make directions for the proper questioning and treatment of the child witness. A judge may ask for the advocate’s cross-examination questions to be provided to the witness intermediary prior to the trial so that they may be reviewed and reframed to accommodate the child’s communication needs and abilities.
Who are the witness intermediaries?
A witness intermediary is an accredited professional from one of five primary disciplines – speech pathology, social work, psychology, teaching or occupational therapy. Witness intermediaries belong to a panel of qualified people who can be appointed by the court.
Who has access to a witness intermediary?
In court, witness intermediaries are appointed by the Judge for all children under 16 years of age. For people between 16 and 18 years old with communication difficulties, a witness intermediary may be appointed by the Judge or upon request. Witness intermediaries may also be requested to assist with a police interview for children under 18 years of age.
Should you or someone you know be charged with a sexual offence, it is essential you receive legal advice from an experienced criminal defence lawyer at any early stage. To discuss your options, call Hugo Law Group in Sydney NSW (02 9696 1361), to make an appointment to speak to one of our lawyers.
