As leading legal figures took to the podium at last month’s Global Law Summit with access to justice in their thoughts, a Ministry of Justice press release announcing ‘Courtroom communications experts to double’ slipped out unnoticed.
In the release, justice secretary Chris Grayling announced a commitment to providing more experts in court to help victims and witnesses give evidence.
It is now widely accepted by the legal profession and judiciary that more needs to be done to assist witnesses and defendants who have difficulty communicating because of age or vulnerability. Intermediaries play a vital role in bringing about this change, as they can help judges and lawyers understand how a witness can give their best evidence in court.
Justice is not done or a fair trial achieved if an individual is prevented from answering questions, or made to feel uncomfortable because their communication needs are not understood. Therefore, the decision to increase the number of intermediaries is to be welcomed.
However, intermediaries are only part of the process. If we really wish to see the rights of vulnerable witnesses properly protected, we need to ensure that the criminal justice system as a whole is properly resourced.
Cuts to the justice system have resulted in an increase in the length of time for cases to reach trial, a rise in the number of defendants representing themselves, and overburdened judges, lawyers and court staff. Until these issues are addressed, the benefit that will come from increasing the number of intermediaries will not be truly felt.
Jeremy Robson, barrister and senior lecturer in advocacy, Nottingham Law School
