PART 5Protection for victims, witnesses, etc in legal proceedings
Special measures
62Special measures in criminal proceedings for offences involving domestic abuse
1
Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (giving of evidence or information for purposes of criminal proceedings: special measures directions in case of vulnerable and intimidated witnesses) is amended as follows.
2
In section 17 (witnesses eligible for assistance on grounds of fear or distress about testifying)—
a
in subsection (4), for “a sexual offence or an offence under section 1 or 2 of the Modern Slavery Act 2015” substitute “an offence listed in subsection (4A)”;
b
after subsection (4) insert—
4A
The offences are—
a
a sexual offence;
b
an offence under section 1 or 2 of the Modern Slavery Act 2015;
c
any other offence where it is alleged that the behaviour of the accused amounted to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act).
3
In section 25(4)(a) (evidence given in private), for “a sexual offence or an offence under section 1 or 2 of the Modern Slavery Act 2015” substitute “an offence listed in section 17(4A)”.
63Special measures in family proceedings: victims of domestic abuse
1
This section applies where rules of court provide that the court may make a special measures direction in relation to a person (“P”) who is a party or witness in family proceedings.
2
Rules of court must provide that where P is, or is at risk of being, a victim of domestic abuse carried out by a person listed in subsection (3), it is to be assumed that the following matters are likely to be diminished by reason of vulnerability—
a
the quality of P’s evidence;
b
where P is a party to the proceedings, P’s participation in the proceedings.
3
The persons referred to in subsection (2) are—
a
a party to the proceedings;
b
a relative of a party to the proceedings (other than P);
c
a witness in the proceedings.
4
Rules of court may provide for an exception to the provision made by virtue of subsection (2) where P does not wish to be deemed to be eligible for the making of a special measures direction by virtue of that subsection.
5
In this section—
“family proceedings” has the meaning given by section 75(3) of the Courts Act 2003;
“relative” has the meaning given by section 63(1) of the Family Law Act 1996;
“special measures” means such measures as may be specified by rules of court for the purpose of assisting a person to give evidence or participate in proceedings;
“special measures direction” means a direction by the court granting special measures.
64Special measures in civil proceedings: victims of domestic abuse etc
1
Rules of court must make provision enabling the court to make a special measures direction in relation to a person who is a party or witness in civil proceedings where that person—
a
is, or is at risk of being, a victim of domestic abuse;
b
is the victim, or alleged victim, of a specified offence.
2
Rules made by virtue of subsection (1) must, in particular, provide for the court to consider—
a
whether—
i
the quality of the person’s evidence, or
ii
where the person is a party to the proceedings, the person’s participation in the proceedings,
is likely to be diminished by reason of vulnerability, and
b
if so, whether it is necessary to make one or more special measures directions.
3
For the purposes of this section—
a
a person is the victim of a specified offence if another person has been convicted of, or given a caution for, the offence;
b
a person is the alleged victim of a specified offence if another person has been charged with the offence.
4
In this section—
“civil proceedings” means—
- a
proceedings in the county court,
- b
proceedings in the High Court, other than—
- i
proceedings in the Family Division of the High Court which are business assigned, by or under section 61 of (and Schedule 1 to) the Senior Courts Act 1981, to that Division of the High Court and no other, and
- ii
proceedings in the exercise of its jurisdiction under the Extradition Act 2003, and
- i
- c
proceedings in the civil division of the Court of Appeal;
- a
“special measures” means such measures as may be specified by rules of court for the purpose of assisting a person to give evidence or participate in proceedings;
“special measures direction” means a direction by the court granting special measures;
“specified offence” means an offence which is specified, or of a description specified, in regulations made by the Lord Chancellor.