PART 5

Protection for victims, witnesses, etc in legal proceedings

Special measures

Special measures in civil proceedings: victims of domestic abuse etc
64
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—
  1. proceedings in the county court,
  2. proceedings in the High Court, other than—
    1. 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
    2. proceedings in the exercise of its jurisdiction under the Extradition Act 2003, and
  3. proceedings in the civil division of the Court of Appeal;
- “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.
S. 64 in force at 14.6.2022 by S.I. 2022/553, regs. 1(2), 4