The Law Handbook 2024

Chapter 8.3: Disability and criminal justice 807 Intermediaries pilot program The intermediaries pilot program provides communication specialists to police and people who work in the courts to help them communicate better with victims and witnesses. This helps victims and witnesses to give clear evidence in a police interview or in a court hearing. The program aims to help vulnerable witnesses to give their best evidence in light of the research and international experience. An intermediary’s role is to assess the communication needs of a vulnerable witness and provide practical strategies and recommendations to help them understand the questions and provide their best evidence. It is governed by Part 8.2A of the Criminal Procedure Act 2009 (‘ CP Act ’). Eligibility The program provides support to eligible witnesses (children, young people, and adults with cognitive impairment) who are: • victims in sexual offence matters; or • witnesses in homicide matters. Cognitive impairment, as defined in the CP Act, includes impairment because of: • mental illness; • intellectual disability; • dementia; or • brain injury. When being interviewed by police as witnesses, all children and young people are eligible for the program. Adults who have cognitive impairment are also eligible. For court hearings, a child is eligible for assistance if they were under the age of 18 at the time charges were laid. Adults with cognitive impairment are also eligible. Intermediaries and ground rules hearings Intermediaries are trained professionals with specialist skills in communication. They are not expert witnesses called by a party. They are officers of the court who assist a vulnerable witness to give their best evidence during an interview with police and in court. Generally, an intermediary is appointed by the court after a referral. A ground rules hearing must be held in all cases where an intermediary is appointed by the court. At a ground rules hearing, a discussion is held between the judicial officer, lawyers and the intermediary (if any) about the questioning of the witness, taking into account the witness’s communication needs, and any other arrangements to be made. Ground rules hearings without an intermediary Importantly, ground rules hearings can occur where no intermediary has been appointed. This means that a court may make directions about how a child or cognitively impaired witness is to give evidence. These directions may include how a child or cognitively impaired witness can be questioned when giving evidence. Intermediary Program Web: www.justice.vic.gov.au/justice-system/courts-and- tribunals/victorian-intermediaries-pilot-program The Intermediary Program currently operates in the: • Supreme Court of Victoria; • County Court at Melbourne, Bendigo, Geelong and Warrnambool; • Magistrates’ Court at Melbourne, Bendigo, Geelong and Warrnambool; and • Children’s Court at Melbourne, Bendigo, Geelong and Warrnambool. Specialist courts Assessment and Referral Court (ARC) The Assessment and Referral Court ( ARC ) is a specialist court list for people with a mental illness and/or a cognitive impairment. The ARC is available at the Magistrates’ Courts in Bendigo, Frankston, the Latrobe Valley, Melbourne and Moorabbin. ARC works in collaboration with CISP, which provides case management to participants. Case management includes psychological assessment, and referral to services for welfare, health, mental health, disability, housing or drug and alcohol treatment. ARC focuses on harm reduction to the community, by addressing the underlying factors that contribute to offender behaviour. ARC’s main goal is to reduce the number of such offenders entering the prison system. ARC aims to link people with appropriate services. This requires the participant’s engagement and compliance. Therefore, it may not be suitable