Department of Justice Witness Mediation Program

The Ministry of Justice (MoJ) Witness Mediation Scheme plays a critical role in ensuring that vulnerable witnesses can participate effectively in criminal trials. As a lawyer, it is important to understand the impact of this scheme in order to be able to provide comprehensive support to your clients.

The role of registered intermediaries

Registered mediators are qualified professionals who assist vulnerable witnesses – those whose age, disability or other factors limit their ability to communicate effectively. These mediators assess the witness's needs and make the necessary adjustments to enable clear communication during the court proceedings.

Lawyers should be aware that registered intermediaries can significantly influence the quality of evidence presented by vulnerable clients. Their role is to bridge communication gaps and ensure that witnesses can give evidence in a way that accurately reflects their experiences and observations.

Practical considerations for lawyers

For lawyers, the most important consequence of this system is the opportunity to improve client service. If you represent vulnerable people, you should consider the assistance of a registered mediator. This can be particularly helpful in ensuring that your client's evidence is presented effectively and comprehensively.

While the National Crime Agency manages the programme for police and prosecution services, lawyers working with defendants or in family, civil and tribunal cases should use HMCTS's mediation services. Knowing how to use these services can impact the effectiveness of your legal strategy and the overall outcome of your case.

In addition, lawyers should proactively advise their clients about the availability and benefits of registered intermediaries, including understanding specific guidance, such as that provided for working with deaf people in the criminal justice system, to ensure appropriate support is organised.

For those who wish to become a registered intermediary or expand their professional support opportunities, the Ministry of Justice is actively recruiting more intermediaries. Contacting [email protected] for more information will provide you with valuable professional development opportunities and the opportunity to contribute to the wider legal aid network.

By incorporating registered mediators into your practice, you can improve the support you provide to vulnerable witnesses, ensuring a fairer and more effective court process. For ongoing updates and further guidance, please visit the Department of Justice resources.