Oireachtas Joint and Select Committees

Tuesday, 28 September 2021

Joint Oireachtas Committee on Justice, Defence and Equality

Courts and Courthouses: Discussion

Ms Susan Kennefick:

Supports is often offered through certain procedural accommodations such as the use of an intermediary. Dr. Hartney mentioned this already but I will elaborate on it. The Criminal Evidence Act allows for several special measures to be invoked if a person giving evidence has need of them. One such measure is the use of an intermediary. That has been invoked infrequently and very much on an ad hoc basis, but the NDA has carried out a piece of work on intermediaries. An intermediary is a professional with a certain set of communication skills who carries out an interview with the person in question at the earliest possible step in that person's first interaction with the criminal justice system. That often takes place in a Garda station. This follows the person through the entire journey. The intermediary meets the person and assesses his or her communication difficulties. Those difficulties may result from a disability, age or other factors. The intermediary then prepares a report on the needs of the person and how best to communicate with him or her in order to get the best evidence out of the person. The Criminal Evidence Act only allows for this measure in the case of a victim or witness giving evidence. The NDA believes that intermediaries should be available to everyone engaging with the criminal justice system, and at the earliest possible point rather than just in court.

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