Developing a professional identity in a new work environment: the views of defendant intermediaries working in the criminal courts

Published date09 May 2016
DOIhttps://doi.org/10.1108/JFP-08-2014-0024
Date09 May 2016
Pages155-166
AuthorBrendan M. O'Mahony,Jane Creaton,Kevin Smith,Rebecca Milne
Subject MatterHealth & social care,Criminology & forensic psychology,Forensic practice
Developing a professional identity in a
new work environment: the views of
defendant intermediaries working in
the criminal courts
Brendan M. OMahony, Jane Creaton, Kevin Smith and Rebecca Milne
Brendan M. OMahony is a
Forensic Psychologist and
Registered Intermediary at CJS
Psychology, Diss, UK.
Jane Creaton is an Associate
Dean at Institute of Criminal
Justice Studies, University of
Portsmouth, Portsmouth, UK.
Kevin Smith is based at
Specialist Operations Centre,
National Crime Agency,
Wyboston, UK.
Rebecca Milne is a Professor
in Forensic Psychology at
Centre of Forensic Interviewing,
Institute of Criminal Justice
Studies, University of
Portsmouth, Portsmouth, UK.
Abstract
Purpose The purpose of this paper is to find out how intermediaries interpret their role working with
vulnerable defendants at court.
Design/methodology/approach In this study six intermediaries who have worked with defendants were
interviewed using a semi-structured interview and the interview transcripts were analysed using interpretative
phenomenological analysis.
Findings Intermediaries appeared to be trying to make sense of their developing identitiesas professionals
in the courtroom and this theme is conceptualised through social identity complexity theory.
Practical implications Health and care professionals undertaking a new function in the criminal justice
sector should receive training about the psychological processes underlying developing professional
identities. Such training should reduce the cognitive load when they work in the newenvironment and failure
to undertake this training may lead to less efficient practice. Gaining an understanding of their professional
positioning within the court environment may assist with retention of intermediaries in this new role.
Originality/value This is the first published study where intermediaries have been interviewed about their
experiences with defendants. Recommendations are made including the requirement for additional training
for intermediaries to understand the underlying psychological processes and conflicts they may experience
when working with defendant cases.
Keywords Identity, Vulnerability, Court, Intermediaries, Cross-examination, Defendants
Paper type Research paper
Introduction: the witness intermediary role
An intermediary facilitates communication between a vulnerable witness and a police officer or
lawyer in the criminal justice system. This role is crucial to ensure that vulnerable witnesses are
enabled to give theirbest evidence at court. In England and Wales Registered Intermediaries are
trained professionals with a range of backgrounds such as psychology, speech and language
therapy, socialwork, mental health nursing,occupational therapy and teaching(OMahony, 2010).
Critically, the inte rmediarys role is an impartial one and they do not work for the police or the
defence, but rather, they are officers of the court. They attend a short training course
(five days) arrangedby the Ministry of Justice where they receive instruction about the adversarial
criminal justice system as found in England and Wales. They practice, and are assessed in, their
abilityto intervene if and when necessary duringa mock cross-examination of a vulnerablewitness.
Received 11 August 2014
Revised 4 October 2014
Accepted 1 December 2014
DOI 10.1108/JFP-08-2014-0024 VOL. 18 NO. 2 2016, pp. 155-166, © Emerald Group Publishing Limited, ISSN 2050-8794
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JOURNAL OF FORENSIC PRACTICE
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