Extending witness intermediary schemes to vulnerable adult defendants

Abstract

ABSTRACT Australian States and Territories continue to reform criminal procedure to provide assistance to vulnerable witnesses in an attempt to ensure they provide the best possible evidence. In response to the 2017 recommendations by the Royal Commission into the Institutional Responses to Child Sexual Abuse’s Criminal Justice Report, there has been a consistent move towards provision of witness intermediaries. Provision exists for such assistance in every State and Territory except the Northern Territory. Tasmania and Queensland have introduced such assistance most recently (in March and July 2021, respectively). So far only two jurisdictions – the Australian Capital Territory and South Australia – make any provision for intermediary assistance for vulnerable defendants. This article argues that because of the over-representation of mental health disorder and cognitive disability in the criminal justice system, and the impact this may have on the ability for defendants to be tried in a human-rights consistent manner (including the risk of wrongful conviction), intermediary assistance should also be available to defendants nationally. The experience of selected countries that already provide intermediary assistance to defendants (United Kingdom, Northern Ireland and New Zealand) will be outlined to assist with such reform.