Asking a court intermediary organisation to write a report about whether a defendant required an intermediary for their trial was like ‘asking footballers to vote for the World Cup’, a judge said.

Judge Ian Pringle KC hit out after being told that Communicourt, a firm that provides intermediaries in court proceedings for those with communication or understanding difficulties, had charged for two aborted appointments with an alleged sex offender.

Those appointments had to be stopped when the defendant, who it is suggested may suffer from dementia, became ‘exhausted’.

Defence counsel Rebecca Lee said in answer to a question from Judge Pringle that she believed the company had charged for the two appointments and wanted further funding for another appointment.

“I find that astonishing,” Ms Lee said.

Judge Pringle replied: “Nothing you can say to me about Communicourt would astonish me.

“They charge more – nearly twice as much – as defence counsel and insist on being there for the whole trial. There are other people in the market and I would…recommend you go and seek someone else but that is ultimately up to you and your solicitors.”

The judge added: “I’ve never read any report from Communicourt which has said this person does not need an intermediary.”

There was a ‘good argument’ that intermediaries should not be asked whether an intermediary was necessary for the trial, he added.

“It’s a bit like asking footballers to vote for the World Cup.”

He was told that a doctor’s mental health report had recommended an intermediary.

In a statement, a spokeswoman for Communicourt said: “We cannot discuss details of any particular case.

“If an individual is unable to complete an assessment with one of our intermediaries, due to an issue such as exhaustion, it is normal practice for any intermediary service to arrange a follow-up assessment to complete the process.

“The assessment process has to be fully completed to determine what kind of communication assistance, if any, an individual would benefit from during their proceedings.

“Our recommendations are based on the support an individual requires to facilitate their participation in proceedings and is tailored to their specific needs.

“Intermediaries provide a vital role in the justice system ensuring people with communication needs can effectively participate in their proceedings.”

Communicourt was one of the ‘managed and approved’ service providers of intermediary services across HM Courts and Tribunals Service, she added.

“The fees are regulated by the HMCTS Intermediary Services Framework, which came into force on April 1, 2022.”

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This story was written by Tom Seaward. He joined the team in 2021 as Oxfordshire's court and crime reporter.  

To get in touch with him email: Tom.Seaward@newsquest.co.uk

Follow him on Twitter: @t_seaward