​

​

The provision for intermediaries in Ireland has been available through  s.14 Criminal Evidence Act 1992 for some time.  Up until relatively recently, it had not been used very often in this jurisdiction but since the publication of the 'O'Malley Report' ('Review of Protections for Vulnerable Witnesses in the Investigation and Prosecution of Sexual Offences' 2020) and the subsequent practical implementation report from the Dept of Justice – ‘Supporting a Victim’s Journey’ in 2021, there has been a drive to establish a panel of intermediaries from which the courts can draw. 

 

The  University of Limerick has established a Diploma for Intermediaries which began in 2022 and the qualifications for entry are that candidates be CORU regulated with three years experience  and social workers, occupational therapists or speech and language therapists. 

 

As of April 2024, the Dept of Justice have said they hope to roll out of the panel on a pilot basis by the summer of this year.

 

The role of an intermediary is to facilitate communication but there are limits imposed by the legislation. The section is linked with the use of  video-link, it is only available to children and persons with a 'mental disorder' as defined under the Criminal Justice Act 1993. It is restricted to relevant offences (or any other offence for victims under 18- see below) which, under s.12 Criminal Evidence Act 1992, are generally sexual offences, violent offences, child trafficking and pornography offences or for persons who are a victim to any offence where there is a risk of secondary victimisation. 

 

The support measure is only a one way street in that only the questions can be 'translated' to the witness  not the responses. There is no detail in the legislation as to the necessary qualifications to be an intermediary as the legislation only says an intermediary 'shall be appointed by the court and shall be a person who, in its opinion, is competent to act as such.' There are no panels of registered intermediaries in this jurisdiction as have been established in the United Kingdom through training in the City Law School. 

​

In DPP v VE (Central Criminal Court, March 2018, Court of Appeal judgment - April 2021) an intermediary from Northern Ireland was the first trained intermediay to act as one in an Irish Court on Irish soil.  Prior to that, an English intermediary had acted as one in London, assisting a Irish complainant also physically in London, through videolink for an Irish court under Irish legislation (DPP v NR Central Criminal Court 2016 / Court of Appeal April 2021)   The use of a Northern Ireland intermediary in this jurisdiction has become more common e.g, DPP v FN Central Criminal Court, Dec 2020) but there appears to be no revised guidance or legislative proposals to underscore their use. 

​

The section has not been revised substantially but  the provision for its use has been expanded through the Criminal Justice (Victim of Crime) Act 2017 under s.14 (1A) to allow for a victim under 18 to be eligible for the support measure  in relation to an offence other than that of a relevant offence under s.14(1). The test that the court must consider in granting the special measure in relation to S.14(1A) is contained in s. 14AA Criminal Evidence Act 1992. The special measure is still linked to the use  of video link and the restrictions and shortcomings described above remain.  S.19 of the Act still allows for a person with an intellectual disability or a person with a mental disorder as defined within the Criminal Justice Act 1993 to be eligible for the use of an intermediary. ​

​

​