# Domestic Abuse Act 2021, Section 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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Source: https://www.legislation.gov.uk/ukpga/2021/17/section/63 (the official version)
Page: https://openlegislation.uk/domestic-abuse-act-2021/section-63
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

