Vulnerable defendants and the HMCTS court appointed intermediary services

Without a statutory entitlement to intermediary assistance, vulnerable defendants in England and Wales have relied on ad hoc intermediary appointments based on inherent judicial powers. The new HMCTS Appointed Intermediary Services (HAIS) provides a formalised scheme in which intermediaries for defendants will be brought under contract and regulated. This article examines the rationale for the new scheme in the context of the vulnerable defendant and identifies some key operational challenges. It concludes that HAIS represents a missed opportunity to introduce an intermediary scheme that respects the defendant’s right to effective participation.