MOJ releases framework for communication assistance

The Ministry of Justice has released a new framework for the communication assistance service it provides to court participants like defendants and witnesses.

The Communication Assistance Quality Framework provides guidance on communication assistance service providers, the service delivery procedure and the ministry’s process of monitoring quality improvement, according to the New Zealand Law Society. The government added that the framework is “a resource for all those involved in using communication assistance including judges, lawyers, police, and other justice sector professionals.”

The Ministry of Justice said on its website that the framework “supports consistent use of the service throughout the country and sets expectations of all court-appointed communication assistants.” The Communication Assistance Quality Framework provides the following information:

• qualifications and training
• professional conduct
• guidelines for providing the service
• performance monitoring and ongoing quality improvement

“Communication assistance is an important service for courts to ensure that defendants understand court proceedings, and defendants and witnesses (participants) can give evidence to the best of their ability,” the ministry said.

The government suggests that defence counsel and prosecutors submit an application for communication assistance in cases wherein they suspect that court participants may have difficulty understanding and responding to questions while on trial. The ministry also recommends the service to court participants who may struggle with communicating effectively with their lawyers.

Successful applicants will be referred to communication and language specialists under a judge’s direction. These specialists evaluate the applicants’ communication abilities and make recommendations to the court on how effective communication can be established for a specific proceeding.

The Ministry of Justice said that the majority of court participants who need communication assistance are those who “have a disability, autism or other neurodiversity, brain injury or under-developed language and communication skills.” Children may also apply for this service.

The ministry confirmed that a communication assistant may guide lawyers and the judge in executing the recommendations by:

• assisting a defendant to give their lawyer instructions
• helping the lawyers and prosecutors prepare questions for use in court that the participant can understand and answer
• drafting easy to read documents or visual aids to assist the participant’s understanding
• monitoring communication in court and responding to any issues that may occur during the trial

In the event that a considerable volume of additional work is generated, legal aid lawyers who avail of the service may request an amendment to grant. Where communication assistance is necessary in a trial, a pre-trial/ground-rules hearing is recommended to clear up roles and limit misunderstandings during the proceedings.

Communication assistance is offered across New Zealand wherever Evidence Act 2006 is upheld.

Read the full article on The Lawyer Mag.