Legislation – Domestic Abuse Act 2021
Changes to legislation:
There are currently no known outstanding effects for the Domestic Abuse Act 2021, Section 64.
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PART 5Protection for victims, witnesses, etc in legal proceedings
Special measures
I164Special measures in civil proceedings: victims of domestic abuse etc
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—
- a
proceedings in the county court,
- b
proceedings in the High Court, other than—
- i
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
- ii
proceedings in the exercise of its jurisdiction under the Extradition Act 2003, and
- i
- c
proceedings in the civil division of the Court of Appeal;
- a
-
“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.