Rule 3A.7 What the court must have regard toF1

When deciding whether to make one or more participation directions the court must have regard in particular to—

(a)

the impact of any actual or perceived intimidation, including any behaviour towards the party or witness on the part of—

(i)

any other party or other witness to the proceedings or members of the family or associates of that other party or other witness; or

(ii)

any members of the family of the party or witness;

(b)

whether the party or witness—

(i)

suffers from mental disorder or otherwise has a significant impairment of intelligence or social functioning;

(ii)

has a physical disability or suffers from a physical disorder; or

(iii)

is undergoing medical treatment;

(c)

the nature and extent of the information before the court;

(d)

the issues arising in the proceedings including (but not limited to) any concerns arising in relation to abuse;

(e)

whether a matter is contentious;

(f)

the age, maturity and understanding of the party or witness;

(g)

the social and cultural background and ethnic origins of the party or witness;

(h)

the domestic circumstances and religious beliefs of the party or witness;

(i)

any questions which the court is putting or causing to be put to a witness in accordance with section 31G(6) of the 1984 Act;

(j)

any characteristic of the party or witness which is relevant to the participation direction which may be made;

(k)

whether any measure is available to the court;

(l)

the costs of any available measure; and

(m)

any other matter set out in Practice Direction 3AA.

Annotations

F1: Pt. 3A inserted (27.11.2017) by The Family Procedure (Amendment No. 3) Rules 2017 (S.I. 2017/1033), rules 1, 3