Clause 89(5) of Part 29 of Schedule 2 to the Criminal Procedure Act 1986 operates only as a pre-appointment disqualification for witness intermediaries, not as a continuing condition. The phrase 'assisted the witness in a professional capacity' in cl 89(5)(b) bears its plain meaning and does not require proof that the intermediary's impartiality was compromised, nor is it limited to therapeutic assistance. Where a witness intermediary was disqualified at the time of appointment, the power to revoke must be exercised. A refusal to revoke a witness intermediary appointment is an interlocutory order capable of appeal under s 5F(3) of the Criminal Appeal Act 1912.
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