(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.
Commencement Information
I1S. 63 in force at 1.10.2021 by S.I. 2021/1038, reg. 2(d)