PART 5

Protection for victims, witnesses, etc in legal proceedings

Special measures

Special measures in family proceedings: victims of domestic abuse
63
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.