Rule 18.22 Intermediary’s duty to the courtI1

England and Wales

(1)

This rule applies to an intermediary who accepts—

(a)

approval by the court for the purposes of section 29 of the Youth Justice and Criminal Evidence Act 1999^f1 (Examination of witness through intermediary);

(b)

approval by the court for the purposes of section 33BA of the 1999 Act^f2 (Examination of accused through intermediary); or

(c)

appointment by the court to facilitate a defendant’s effective participation in the trial, when the defendant gives evidence or at any other time.

(2)

The intermediary must help the court to achieve the overriding objective—

(a)

to the best of the intermediary’s skill and understanding by—

(i)

communicating to the witness or defendant (as the case may be) questions put to them,

(ii)

communicating to the questioner and the court the replies, and

(iii)

explaining such questions and answers so that they can be understood;

(b)

by assessing continually the witness’ or the defendant’s (as the case may be) ability to participate effectively and intervening if necessary;

(c)

where the intermediary is appointed to facilitate a defendant’s effective participation, by explaining to the defendant, in terms the defendant can understand, what is said and done by the court and other participants; and

(d)

by actively assisting the court in fulfilling its duties under rule 3.2 (Case management; The duty of the court) and rule 3.9 (Case management; Ground rules hearing), in particular by—

(i)

complying with directions made by the court, and

(ii)

at once informing the court of any significant failure (by the intermediary or another) to take any step required by such a direction.

(3)

This duty overrides any obligation to the witness or to the defendant (as the case may be), or to the person by whom the intermediary is paid.

Annotations

Commencement

I1: Rule 18.22 in force at 6.10.2025, see Preamble

Footnotes

f1: 1999 c. 23; section 29 was amended by paragraph 384 of Schedule 8 to the Courts Act 2003 (c. 39).
f2: 1999 c. 23; section 33BA is inserted by section 104(1) of the Coroners and Justice Act 2009 (c. 25), with effect from a date to be appointed.