ABSTRACT
The meaningful engagement of defendants within criminal proceedings centres around the right to effective participation as guaranteed by Article 6 of the European Convention of Human Rights. The appointment of intermediaries to assist vulnerable defendants during the trial process is intended to enable this implied right. This chapter examines the role of registered intermediaries for vulnerable defendants; how intermediaries can be used during the criminal process; and the extent to which their involvement contributes towards defendant participation. It draws on two datasets: the first includes interviews with 20 registered intermediaries in England and Wales; and the second uses focused, informal conversations to gain an insight into the experiences of registered intermediaries in Northern Ireland. The chapter highlights the often-key role of the intermediary in contributing to effective participation and calls for greater recognition of the communication expertise which intermediaries can offer to the court. It argues that ‘pragmatic and flexible’ intermediary appointments are vital to ensuring that the individuality of communication needs is respected.
