Domestic Abuse Act 2021
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Change 1
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.
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.
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