SC v The Queen

The case involved an appeal by the Crown against the decision of a trial judge to refuse a request to revoke the appointment of a "children's champion" or witness intermediary. The matter was heard in the High Court of Australia. The primary legal issue before the court was whether the refusal of the trial judge to revoke the appointment of the witness intermediary constituted an interlocutory judgment or order, which would permit an application for leave to appeal under section 5F(3) of the Criminal Appeal Act. The court was also required to interpret certain provisions of Part 29 of Schedule 2 to the Criminal Procedure Act 1986, particularly clause 89(5), to determine whether it imposed a continuing condition on the appointment of a witness intermediary, and whether such an intermediary could also act as a witness in the proceedings.

The High Court held that the refusal to revoke the appointment of the witness intermediary was indeed an interlocutory judgment or order. The court interpreted clause 89(5) of the Criminal Procedure Act as not operating as a continuing condition of the appointment of a witness intermediary, but rather as a requirement that must be met at the time of the appointment. Furthermore, the court clarified that a witness intermediary could be a witness in the proceedings, provided their impartiality had not been compromised. The court also held that the assistance provided by a witness intermediary was not restricted to therapeutic assistance but could include any form of assistance given in a professional capacity. Consequently, the court granted leave to appeal and allowed the appeal, setting aside the appointment of the witness intermediary.

The final orders of the court included granting leave to appeal, allowing the appeal, and setting aside the appointment of the witness intermediary. The court's decision provided important clarification on the role and scope of a witness intermediary in criminal proceedings and the legal framework governing their appointment and revocation.