Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps his Department is taking to expand the provision of court registered intermediaries and special assistance mechanisms to enable defendants with learning difficulties or neurodivergent conditions to participate effectively in criminal trials, in line with recommendations made by the Law Commission on unfitness to plead.

The Ministry of Justice is committed to ensuring that defendants with learning difficulties, neurodivergent conditions and other communication needs are able to participate effectively in criminal proceedings.

We have carefully considered the recommendations made by the Law Commission in its 2016 report on unfitness to plead. In 2023, the Government's response noted that Recommendation 10.5 has been addressed through the introduction of the HMCTS Appointed Intermediary Service (HAIS) in April 2022.

HAIS provides intermediary support for defendants in criminal proceedings and all parties in civil, family and tribunal cases. Intermediaries are impartial communication specialists who assess an individual’s communication needs and make recommendations to the court on reasonable adjustments that may be required to support effective participation. The judiciary then determines what support is necessary based on the individual’s needs.

We recognise the important role that intermediary support measures can play in enabling fair trials. In 2024, the Ministry of Justice established a project to expand the current intermediary provision by developing a Justice-wide Intermediary Service to strengthen the consistency, quality and availability of intermediary services across the justice sector. This project is expected to launch a procurement exercise in spring 2027 with the intention of the new service being available by the end of 2028.