With the use of intermediaries for witnesses and victims, the use of intermediaries for defendants has been seen more commonly in the criminal courts in recent years. While a defendant might be fit to plead, his or her age and/or intellectual disability may mean that added supports are needed so that he or she can fully participate in the trial, instruct counsel and be facilitated giving evidence should he or she wish to do so. Defendants frequently do not give evidence at criminal trials. 

 

S.14 Criminal Evidence Act 1992 states that the provision is to be used ‘while giving evidence via video link’ – most provisions state ‘other than the accused’ and so it would seem that the accused not eligible for an intermediary through this legislation. 

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However, through the constitutional right to a fair trial under Art 38.1 Constitution of Ireland as well as European Court of Human Rights, case of T and V v UK (24724/94) and  (24888/94) – ( the  James Bulger case ) and the Irish case of DPP v Harrison [2016] IECA 212 ( which didn't involve an intermediary but advocated for the use of supports for defendants), the court can, through it's inherent jurisdiction, appoint an intermediary for a defendant.

 

The parameters of the role are still to be established eg.  investigative stage, duration of trial, evidence, sentencing, Court of Appeal  but this is an evolving area highlighted by the 'O'Malley Report' and Supporting a Victim's Journey Report' the latter of which mentions at page 53, para 7.4

' Intermediaries, where needed, should be involved from the earliest stages of the criminal process and, in particular, should be available to assist at Garda interviews of victims, defendants or other potential witnesses who may be vulnerable on account of age or physical or mental disability.'