Fragmented justice: witness intermediary schemes and communication disability rights in the Australian criminal justice process

Title
Fragmented justice: witness intermediary schemes and communication disability rights in the Australian criminal justice process
Author(s)
Stein, Rukiya
Smith-Khan, Laura
( author )
OrcID: https://orcid.org/0000-0003-3551-221X
Email: lsmithkh@une.edu.au
UNE Id une-id:lsmithkh
Marimuthu, Siva Barathi
( author )
OrcID: https://orcid.org/0000-0001-6633-4204
Email: smarimut@une.edu.au
UNE Id une-id:smarimut
Type of document
Journal Article
Language
en
Entity Type
Publication
Publisher
Taylor and1 Francis Australasia
Place of publication
Australia
DOI
10.1080/1323238x.2026.2729482
UNE publication id
une:1959.11/75029
Abstract

Intermediaries are crucial in bridging the communication gap between vulnerable individuals and the complexities of the criminal justice process. They advise legal professionals on effective communication and how to adapt questioning techniques and advocate for necessary adjustments to ensure meaningful participation and uphold fundamental human rights. While most Australian jurisdictions have adopted an intermediary scheme, variations in legislative scope, policy and practice exist. This article analyses these diverse schemes through a human rights lens, drawing upon research and existing evaluations of intermediary schemes to highlight the positive impact of intermediaries on communication and evidence quality. Inconsistencies across the jurisdictions regarding eligibility criteria, procedural accommodations and access raise concerns about equitable access to justice and compliance with international and domestic human rights obligations. Given this fragmented landscape, the article examines the effectiveness of these intermediary schemes across all vulnerable participants—including children and adults with cognitive or communication disabilities—and advocates for a nationally harmonised framework. Such a framework would ensure consistent standards, training and access, in turn, promoting fairness, efficiency and alignment with international best practices, as well as enhancing procedural justice for vulnerable adults. Moreover, the article submits that a national scheme would yield economic benefits, justifying government investment.

Link
Citation
Australian Journal of Human Rights, p. 1-27
ISSN
2573-573X
1323-238X
Start page
1
End page
27

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