Domestic Abuse Act 2021

Special measures

62 Special measures in criminal proceedings for offences involving domestic abuse

(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (giving of evidence or information for purposes of criminal proceedings: special measures directions in case of vulnerable and intimidated witnesses) is amended as follows.

(2) In section 17 (witnesses eligible for assistance on grounds of fear or distress about testifying)—

(a) in subsection (4), for “a sexual offence or an offence under section 1 or 2 of the Modern Slavery Act 2015” substitute “an offence listed in subsection (4A)”;

(b) after subsection (4) insert—

“(4A) The offences are—

(a) a sexual offence;

(b) an offence under section 1 or 2 of the Modern Slavery Act 2015;

(c) any other offence where it is alleged that the behaviour of the accused amounted to domestic abuse within the meaning of the Domestic Abuse Act 2021 (see section 1 of that Act).”

(3) In section 25(4)(a) (evidence given in private), for “a sexual offence or an offence under section 1 or 2 of the Modern Slavery Act 2015” substitute “an offence listed in section 17(4A)”.

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.

64 Special 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

  (c)

  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.