Domestic Abuse Act 2021

63 Special 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.