People with an autism spectrum disorder (ASD) may be the witnesses or victims of crime. The Witness Intermediary Scheme, through which registered intermediaries operate, aims to help and support people through the criminal justice process, from a police interview through to a trial.  
 
The Government is committed to ensuring that the justice system is fair, accessible and delivers the justice victims and witnesses need, deserve and demand. This includes making sure there is appropriate support for vulnerable and intimidated witnesses. The Youth Justice and Criminal Evidence Act (1999) provides a range of special measures to help vulnerable and intimidated witnesses give evidence in court.

Special measures

The special measures available to vulnerable and intimidated witnesses under the 1999 Act include:

  • a court-appointed intermediary who works with a witness and any person asking questions during an interview or trial. The intermediary may help the witness to understand the questions and make sure that their responses are understood by the people asking the questions
  • video-recorded statements
  • communication aids
  • live TV links allowing the witness to give evidence from outside the court.


Vulnerable witnesses

A person is defined as a 'vulnerable witness' under the 1999 Act if they:

  • are under the age of 18 at the time of hearing
  • suffer from a mental disorder within the meaning of the Mental Health Act 1983 or otherwise have a significant impairment of intelligence and social functioning
  • have a physical disability or are suffering from a physical disorder that is likely to diminish the quality of their evidence.


Intimidated witnesses

  • A person is defined as an 'intimidated witness' under the 1999 Act if the quality of their evidence is likely to be diminished because of fear or distress.

The Witness Intermediary Scheme

The Witness Intermediary Scheme (WIS), through which registered intermediaries (RIs) operate, was first introduced in April 2004 and is now available in all 43 police forces and Crown Prosecution Service (CPS) areas in England and Wales. Currently there are 149 RIs; a high percentage of these have the professional skills and experience to work with people with an autism spectrum disorder (ASD).

RIs come from a range of professional backgrounds and, after successfully completing accreditation training, are registered on a national database managed by the National Policing Improvement Agency (NPIA). All RIs have security and Criminal Records Bureau clearance, insurance to practice and are registered data controllers with the Information Commissioner's Office.

Matching registered intermediaries to vulnerable witnesses

When the police or Crown Prosecution Service (called the 'end-user') are dealing with a vulnerable witness they first apply for special measures. If this means appointing an RI, they contact the NPIA. The NPIA uses the national database and the information provided by the end-user to match RIs and witnesses according to suitability, availability and geographic area. The RI's services are funded by the end-user.

How registered intermediaries help vulnerable witnesses

RIs can help witnesses at each stage of the criminal justice process, from a police interview through to a trial. They help make the process accessible to some of the most vulnerable people in our society and may be the difference between a witness being able to testify or not.

More information

For more information about the Witness Intermediary Scheme email jason.connolly@justice.gsi.gov.uk or soc@npia.pnn.police.uk, or telephone 0845 000 5463.