JCPSLP Vol 21 No 1 2019

The role of speech-language pathologists in the justice system

Resource review

Plotnikoff, J., & Woolfson, R. (2015). Intermediaries in the criminal justice system: Improving communication for vulnerable witnesses and defendants . Bristol: Policy Press. 352; ISBN 98144736069; $64.50. Also available as an e-book (https://www.jstor.org/stable/j.ctt1t89326) Mary Woodward (@_marywoodward) It will not be a surprise to readers of this journal that people with communication difficulties, which may or may not be associated with other physical or cognitive disabilities, are overrepresented in the justice system as both complainants and the accused. Individuals may struggle to understand questions asked (particularly if complex grammar and/or vocabulary are used) or to give clear responses, including explaining in their own words what has happened, or contradicting other people’s assumptions. This can affect their ability to participate in legal processes such as police interviews or cross-examination, and can affect the evaluation of their credibility or competence to give evidence or stand trial. In 2004, a pilot scheme using intermediaries for child witnesses, or anyone whose quality of evidence may be affected by a mental disorder, cognitive or social impairment, or a physical disability, began in six police force areas in England and Wales. After positive evaluation, the scheme was rolled out nationally by 2008, with the role of an intermediary being to communicate impartially: • to the witness, any questions put to the witness; and • to any persons asking such questions, the answers given by the witness in reply to them; and • to explain such questions or answers so far as necessary to enable them to be understood by the witness or the questioner. The use of intermediaries has brought a huge shift in culture and practice in the justice system in England and Wales, including the acceptance of evidence from preschool children and non-verbal witnesses, the use of visual aids (timelines, body maps, etc.) and stress-reduction strategies (to improve an individual’s ability to communicate effectively), and the review of planned questions to enable changes to the grammar and vocabulary used prior to the cross-examination. In recent years, there has been increasing recognition in Australian jurisdictions of the communication difficulties experienced by many in contact with the justice system, and the need for systems and processes to adapt to enable people to exercise their human right to access justice. At the time of writing, two Australian states have pilot intermediary schemes underway, with other states and territories at different stages of consideration and planning, and all are looking to learn from the experiences of the Witness Intermediary Scheme of England and Wales.

Intermediaries in the Criminal Justice System by Dame Joyce Plotnikoff and Dr Richard Woolfson is the first (and still most highly regarded) book about the Witness Intermediary Scheme of England and Wales, giving a frank and personal account of the first ten years of operation. They document the steep learning curve of the pilot and early years of the scheme, and the lessons that are still being learned as the role evolves and the political and cultural landscape shifts. They also describe how the role of an intermediary works in practice, from assessing the individual, all the vital planning work behind the scenes (such as collaborating with the police on modifications to the layout of the interview room, the language used in questioning, how the interviewer may test a witness’ understanding of the difference between truth and lies, and the development/use of communication aids), assisting in the police interview, through to asserting themselves and their often innovative recommendations in the ground rules hearing, helping to prepare the individual for the trial, through to assisting as the individual is cross-examined in court. The authors’ warm, lilting Scottish accents are conveyed beautifully in the writing style, such

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JCPSLP Volume 21, Number 1 2019

www.speechpathologyaustralia.org.au