Law change call for young defendants with communication problems
Neil Puffett
Tuesday, April 24, 2012
Young defendants with speech and language needs should have the same rights to an intermediary to help them communicate in court as witnesses currently do, a coalition of voluntary organisations has said.
The Communication Trust said young people with speech, language and communication needs (SLCN) may not be able to communicate effectively at a police interview or in court, with implications for accuracy of statements, a fair trial and the sentence imposed.
Anita Kerwin-Nye, director of the Communication Trust, said it was "only fair" that young defendants have to same right to support from an intermediary as witnesses.
She added: “An intermediary can also advise the court and police on how best to communicate with a defendant. We are also calling for specialist compulsory training for all lawyers and magistrates so they are able to support young people with SLCN.
“In the interests of justice, it is vital that young people understand what is being asked of them and are fully aware of the procedures of the court."
Professor Penny Cooper, barrister and associate dean at The City Law School, backed calls for a change to the law.
"While intermediaries are often used for vulnerable witnesses we don’t yet have legislation in force for defendants so, when it comes to vulnerable defendants, intermediaries are much harder to find and funding is a major issue," Cooper said.
“With more specialist training about SLCN, not only will law practitioners be able to communicate better themselves, they will be better equipped to spot a young person with communication needs and recognise when the services of an intermediary are required,” she added.
The coalition has launched a film, Sentence Trouble, for youth justice practitioners working with young people with SLCN.
It has been produced to improve the skills and confidence of youth offending teams, lawyers, secure estate staff, magistrates and the police so they are able to recognise SLCN and reflect on their own communication skills.
