Intermediaries in England and Wales were first introduced by the Youth Justice and Criminal Evidence Act 1999 (YJCEA). The role’s core function is to facilitate communication between individuals with communication needs and the criminal justice system. Intermediaries can assist witnesses and suspects at the police station, work with lawyers to ensure questions are appropriate for the vulnerable witness and intervene during oral examination, when necessary, to ensure comprehension.

As neutral communication specialists, how do intermediaries facilitate participation? In seeking to answer this question, this paper draws on findings from 31 in-depth, semi-structured interviews with intermediaries and judges in England and Wales and Northern Ireland. It examines how the intermediary role is inextricably tied to the different ways in which vulnerable individuals participate within the criminal justice process.

The data presented suggest that the communication difficulties experienced by defendants result in a form of participation which is distinct from witnesses. While the defendant’s individual right to ‘effective participation’ is recognised through case law and relevant guidance, the experiences of intermediaries provide a unique insight into how the role adapts to differing participation roles and is, in turn, shaped by them.

Differences in the participatory roles of witnesses and defendants have led to the emergence of what I term ‘defendant intermediary work’ and ‘witness intermediary work’. This paper explores what these terms mean and how they should inform our understanding of lay participation in the criminal process.