PART 22EVIDENCE

CHAPTER 1GENERAL RULES

Evidence of witnesses – general rule22

1

The general rule is that any fact which needs to be proved by the evidence of witnesses is to be proved—

a

at the final hearing, by their oral evidence; and

b

at any other hearing, by their evidence in writing.

2

The general rule does not apply—

a

to proceedings under Part 12 for secure accommodation orders, interim care orders or interim supervision orders; or

b

where an enactment, any of these rules, a practice direction or a court order provides to the contrary.

(Section 45(7) of the Children Act 1989 (emergency protection orders) is an example of an enactment which makes provision relating to the evidence that a court may take into account when hearing an application.)