Resource Centre

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Adult victims and witnesses

The resources in this section are intended to provide supportive information for legal professionals working with adult victims and witnesses. We understand the unique challenges faced by these individuals and the importance of providing tailored communication support around their needs.

The resources available on our website are designed to assist legal professionals in understanding the needs of adult victims and witnesses and in developing strategies for providing the best possible support. Whether you are an intermediary, barrister, solicitor, or other legal professional, you will find valuable information and guidance here.

Eyewitness Testimony in Autism Spectrum Disorder: A Review, Journal of Autism Development Disorder (2014)

A review that gives an over view of the memory difficulties that are experienced by individuals with ASD, before discussing the studies that have specifically examined eyewitness testimony in this group and the implications for investigative practice. It also outlines related areas that would be particularly fruitful for future research to explore.

Interviewing autistic adults: Adaptations to support recall in police, employment, and healthcare interviews, Autism (2020)

A research paper based on a study that tested efficacy of different prompting techniques to support autistic adults’ recall of specific personal memories. Findings offer new practical insight for interviewers to facilitate communication with typically developing and autistic adults.

Obtaining best evidence from the autistic interviewee: Police-reported challenges, legal requirements and psychological research-based recommendations

This article outlines some of the characteristics of autism that require special consideration at interview, together with findings from a survey of almost 400 UK police officers regarding their experiences and perceptions of challenges they face when interviewing autistic people.

Supporting autistic adults' episodic memory recall in interviews: The role of executive functions, theory of mind, and language abilities, Autism Volume (2022)

Autistic people have difficulties recalling episodic memories, with executive functioning, theory of mind, and expressive language. This study aimed to assess the impact of these abilities on recall in two previous studies by the authors that compared autistic and typically developing adults on recall specificity in police, healthcare, and employment interviews, and recall quality in employment interviews under unsupported and supported questioning.

The Witness-Aimed First Account (WAFA): A new technique for interviewing autistic witnesses and victims, Autism (2020)

A research paper on a novel and newly developed technique for interviewing autistic witnesses, referred to a Witness-Aimed First Account, designed to better support differences in the way that autistic witnesses process information in memory

Trauma informed practice

IfJ is committed to the development of knowledge and understanding of Trauma Informed Practice (TIP) in the Justice System. It is vital that intermediaries, social workers, barristers, solicitors, appropriate adults, judges and others understand that a reaction to a traumatic event is a physiological adaptive response to threat. This response can shut down the higher cognitive functions of the brain and careful informed handling is required for a person to be able to describe what has happened to them.

This section of our resource centre will be of interest to professionals in the justice system and members of the public, as the flow of knowledge around TIP spreads between disciplines.

An overview of Trauma Informed Practice

This short film covers areas such a defence mechanisms, body/ brain/somatic responses and some basic strategies for copying.

Domestic Abuse Still Matters

This short film provides useful practice guidance in relation to domestic abuse incidence. It covers guidance on DVPNs, advice on recognising trauma and how to respond to victims affected by trauma.

Domestic Abuse Still Matters - Practice Update

This short film covers advice on Domestic Violence Protection Notices (DVPN's), recognising trauma and how to respond to victims affected by trauma.

People, not just books: An Investigation into the Knowledge and Understanding of Trauma Informed Practice in The Justice System, (2023)

This thesis was written by Dr Catherine O'Neill, IfJ Chair and was submitted for the degree of Doctor of Philosophy in Policing. The PhD was guided by the following research question: How do Professionals working in the Justice System perceive the current state of Trauma Informed Practice?

Summary: People, not just books: An Investigation into the Knowledge and Experience of Trauma Informed Practice in the Justice System, (2023)

A 66 page PDF summary with coloured graphics of Dr Catherine O'Neill's thesis 'People, not just books: An Investigation into the Knowledge and Experience of Trauma Informed Practice in the Justice System'.

Trauma and the Brain: Understanding abuse survivors responses

This animation is for any professional working with a service user when GBV is a feature in the case.

Trauma Informed Practice

An introduction to Trauma Informed Practice, including indications of trauma and helpful practices and strategies.

Working remotely with vulnerable people

The resources in this section are designed to provide supportive information for legal professionals working remotely with vulnerable people. We understand the unique challenges posed by remote interactions, particularly when working with vulnerable individuals.

Key challenges include technological barriers, lack of nonverbal cues, privacy and security concerns, building rapport and trust, and addressing technical difficulties.

The resources available on our website offer practical guidance to redress these concerns.

By utilising these resources, legal professionals can effectively navigate the challenges of remote work with vulnerable people.

Checklist: Adapting practice as a response to COVID-19 for assisting vulnerable people, IfJ

This document explores potential ways that Intermediaries can assist during the COVID-19 pandemic. It provides a checklist for Intermediaries and other stakeholders to use when considering how to ensure that effective communication assistance is delivered in the current climate.

Communicating remotely resources for participants - Important phone calls and remote court appearances, IfJ

A concise 1 page international version with bullet points covering getting ready, support and during the meeting or appearance.

Communicating remotely resources for professionals and participants - Important phone calls and remote court appearances

A four page presentation about planning for important phone calls and remote appearances.

Pre-trial cross-examination (Section 28)

This section provides resources and information on Section 28 of the Youth Justice and Criminal Evidence Act 1999, which is the legislative foundation for recording of evidence and cross-examination prior to trial.

Intermediaries will find information on who may require a S.28 hearing, the process involved, as well as some historical background on their origins and intent.

An overview of Section 28 / a pre-recorded examination

A brief overview of pre-recorded cross examinations / Section 28 hearings with links for further guidance.

S 28 YJCEA 1999: Checklist for registered intermediaries, Lexicon Limited (2017)

This checklist provides information for intermediaries regarding the procedure of a Section 28 special measures. Please note, it was produced by Lexicon Limited and therefore has no official status. It is, of course, still useful for RIs.

Worth waiting for: The benefits of S28 pre-trial cross-examination, Archbold Review (2016)

This final S28 special measure outlined in the 1999 Act was not piloted until 2014. This article discusses reasons for the delay and why other reforms taking place in the interim helped smooth the way for S28.

The Intermediary role

This section of our website provides information on the Intermediary Role. Whether you are a newly appointed intermediary or a seasoned professional, you will find valuable guidance and support here. This section also provides a useful precis for other legal professionals on the role of an Intermediary.

The Intermediary role is a vital function within the justice system, designed to provide communication support and assistance to vulnerable witnesses. Intermediaries play a crucial role in ensuring that vulnerable individuals can effectively participate in the legal process.

‘Every reasonable step': a more flexible approach to vulnerable witnesses and defendants’, Lexicon Limited (2017)

A consolidated list of intermediary examples.

A guide for social workers to the profession that enables vulnerable witnesses to access justice, Community Care (2017)

Intermediaries are critical in helping children and disabled adults give evidence but many miss out on their support, write Joyce Plotnikoff and Richard Woolfson.

A Voice for the Voiceless: The Victims’ Commissioner’s Review into the Provision of Registered Intermediaries for Children and Vulnerable Victims and Witnesses

In this report, the Victims Commissioner, Baroness Newlove, paints a comprehensive picture of the scheme, its unique role in facilitating communication with children and vulnerable adults in the justice system, and identifies key factors impeding its effective operation.

About IfJ: Leaflet

A printable A4 leaflet about Intermediaries for Justice

All about Intermediaries, IfJ

Who are intermediaries? This PDF provides information on the role of the Intermediary, including information on communication assessment and information gathering, the use of communication aids, planning and assisting at interviews, planning for trial and the intermediary role during trials.

All about Intermediaries: flowchart, IfJ

A visual flowchart illustrating the role of the intermediary, including who they work with, how they plan for and assist at interviews and during trials and assessing and sourcing intermediaries.

Dispensing with the “safety-net” – is the intermediary really needed during cross-examination? Archbold Review (2017)

Some judges now ask, given the overall shortage of registered intermediaries, whether their presence during questioning is always necessary. In this article, 10 registered intermediaries discuss the benefits of their presence in facilitating communication that may not always be apparent to those in the courtroom.

How to request an Intermediary

A flowchart guiding users on the correct route to use to request an intermediary.

Intermediaries in the Criminal Justice System: Improving communication for vulnerable witnesses and defendants, Policy Press (2015)

This unique book provides a comprehensive explanation of how intermediaries work in practice and gives ‘behind the scenes’ insights into the criminal process. It will be of interest to practitioners and the wider public in England and Wales and encourage consideration of the scheme elsewhere.

Short case studies of intermediaries working with adults and children

These case studies illustrate the valuable work of Intermediaries in the justice system. The case studies provide real, anonymised, examples to demonstrate a wide variety of approaches and techniques, including simplified language, visual aids, and tailored questioning strategies. Collectively, they show how intermediaries drive changes that enable vulnerable people to understand and participate meaningfully in legal proceedings.

Short video: Introduction to the Intermediary Role

This 9 minute video provides an introduction to the role of intermediaries, their importance in proceedings, and the positive effect they have in enabling the participation of vulnerable people.

Advice and useful links

Advice for Defendants

Here you will find links to relevant organisations/documents offering advice, support or resources.

Trauma

Here you will find links to relevant videos, websites and books.

Working with vulnerable Witnesses or Defendants

Here you will find links to relevant organisations/documents offering advice, support or resources.

Legal considerations

Criminal Practice Directions (General Matters)

October 2015, as last amended May 2020

Equal Treatment Bench Book, Judicial College

The Equal Treatment Bench Book (ETBB) aims to increase awareness and understanding of the different circumstances of people appearing in courts and tribunals. It helps enable effective communication and suggests steps which should increase participation by all parties.

Family Procedure Rules

The Family Procedure Rules are updated regularly and provide guidance on all procedures in Family Court including the use of intermediaries.

Practice direction 3A - Vulnerable persons: Participation in proceedings and giving evidence

The Family Procedure Rules are updated regularly and provide guidance on all procedures in Family Court including the use of intermediaries. Those wishing to view this guidance should always seek out the most up to date version. We have linked to judiciary.gov.uk who keep it regularly updated on their website. The Family Procedure Rules (FPR) are a set of rules that govern the conduct of family law proceedings in England and Wales. They provide a framework for how family court cases are handled. Part 3A and Practice Direction 3AA cover the participation of vulnerable people in family court.

Practice direction 3AA - Vulnerable persons: Participation in proceedings and giving evidence

This Practice Direction supplements FPR Part 3A.

The Criminal Procedure Rules

Find the most up to date version of The Criminal Procedure Rules here: https://www.gov.uk/guidance/rules-and-practice-directions-2020

Youth Court Bench Book, Courts and Tribunals Judiciary (January 2024)

Find the most up to date version of the YCBB here: https://www.judiciary.uk/guidance-and-resources/youth-court-bench-book-…

Intermediary cases

Evidence only? IfJ (2018)

IfJ is receiving more requests for intermediaries to assist during a defendant’s ‘evidence only’, rather than for pre-trial processes (such as taking instructions) and the duration of the trial. IfJ has gathered the views of its members about the correct approach in this situation.

Falling Short? A snapshot of young witness policy and practice, NSPCC (2019)

This study was based on contributions from 272 criminal justice personnel, including 48 registered intermediaries. It was commissioned to examine progress in responding to the needs of young witnesses since the authors’ report ‘Measuring Up?’ in 2009 and a subsequent progress report in 2011. Chapter 1 contains the study overview and recommendations.

In the blink of an eye, Archbold Review (2018)

This article describes the first court use of “eyegaze” assistive technology, designed for those without speech or controlled physical movements. It was co-authored with the registered intermediary at trial.

Managing young witness cases: the views of judges, advocates and intermediaries, Archbold Review (2019)

This article focuses on the NSPCC report's findings on responses about questioning from criminal justice practitioners.

Measuring up? Evaluating Government commitments to young witnesses in criminal proceedings’ Executive Summary, NSPCC and Nuffield Foundation (2009)

This research paper identified significant gaps between Government policies and practice as experienced by children. The study was based on interviews with 182 young witnesses. It has now been updated and revisited in the NSPCC's 2019 Report: 'Falling Short: A snapshot of young witness policy and practice'.

Young witness policy and practice: messages for family courts, Family Law Journal (2019)

This article highlights key issues from the NSPCC report of relevance to family court practitioners.

IfJ commentary

Our resource centre includes various insights into the justice system with a particular focus on crucial role of intermediaries. In this section, we provide commentary on practical changes and policy analysis, and include feedback given to government agencies. By doing so, we aim to inform legal professionals, policymakers, and the public about the challenges and opportunities for improvement within the justice system.

Here, you can gain a deeper understanding the views of IfJ's trustees and members, as we contribute to the ongoing efforts to create a fairer and more equitable system for all.

Consultation...The Criminal Justice System (CJS) and legal guidance for mental health issues, IfJ (2019)

The Crown Prosecution Service sought IfJ's views on how the criminal justice system deals with those suffering from mental health issues.

Paper for the Criminal Procedure Rules Committee: Intermediaries for Defendants (2019)

This was a paper presented to the Criminal Practice Rules Committee (CPRC) discussing the view of intermediaries and evidence only.

Court reports and resources

The Magistrates Association (MA) were given a grant of £8,000 from the Somerset Community Justice Partnership, in order to create a set of training resources that support magistrates in engaging with victims of crime and to encourage a more positive and supportive environment within the magistrates’ court.

Additionally, there are a number of guides to various parts of the court process for witnesses, authored by Susan Stewart.

Exploring the use of Cognitive interviewing and other special measures in questioning vulnerable witnesses in preparation for court - Dissertation Summary

The Cognitive Interview (CI) is one of the Special Measures used during police interviews as part of the Youth Justice and Criminal Evidence Act 1999 in Achieving Best Evidence (ABE). This exploratory, qualitative study explored the use of the Cognitive Interview and other Special Measures being used to support Vulnerable Witnesses in preparing for court and in a court of law.

Exploring the use of Cognitive interviewing and other special measures in questioning vulnerable witnesses in preparation for court: Full Dissertation

This disseration explores the use of the Cognitive Interview and other Special Measures being used to support Vulnerable Witnesses in preparing for court and in a court of law.

Report into victim experiences in the magistrates' court, Victim Experience Project (2019)

This report looks at what the victim experience is when a case is brought to the magistrates’ court, and what can be done by magistrates to improve that experience within the confines of their judicial role.

The Victim Personal Statement Pack - Interactive version

This pack includes resources to assist professionals who need to gain a victim personal statement from a witness. This resource will help a victim understand what a Victim Personal Statement (VPS) is, plan for and then give their VPS. It includes visual resources to assist both adult witnesses with reasonable verbal and written communication skills, and also children, young people and vulnerable adults with a communication need. This is an interactive version. There is also a print version. This resource was funded by the Office of the Police Crime and Victims’ Commissioner-Durham, March 2020. The resource author is Susan Stewart (Speech and Language Therapist, Registered Intermediary).

The Victim Personal Statement Pack - Print version

This pack includes resources to assist professionals who need to gain a victim personal statement from a witness. This resource will help a victim understand what a Victim Personal Statement (VPS) is, plan for and then give their VPS. It includes visual resources to assist both adult witnesses with reasonable verbal and written communication skills, and also children, young people and vulnerable adults with a communication need. This is a print version. There is also a print version. This resource was funded by the Office of the Police Crime and Victims’ Commissioner-Durham, March 2020. The resource author is Susan Stewart (Speech and Language Therapist, Registered Intermediary).