Part 5: Protection for victims and witnesses in court Section 63: Special measures in family proceedings: victims of domestic abuse
The provision of special measures in family proceedings is governed by Part 3A of the Family Procedure Rules 2010 ("FPR"), supported by Practice Direction 3AA. Rule 3A.4 places the court under a duty to consider whether a party’s participation in the proceedings (other than by way of giving evidence) is likely to be diminished by reason of vulnerability and, if so, whether it is necessary to make one or more participation directions ("special measures") to assist the party. Rule 3A.5 confers a similar duty in respect of the quality of evidence given by a party or witness. The measures available include giving evidence behind a screen or via live link.
	The purpose this section is to ensure that victims of domestic abuse will be automatically eligible for access to special measures in family proceedings without the need for any determination of their vulnerability. The section sets out, in primary legislation, what rules of court must contain in relation to special measures.
	Subsections (2) and (3) state that rules of court must provide that, where a party or witness is a victim of domestic abuse carried out by a party, a relative of a party (other than P) or a witness, then the court is to assume that the quality of the victim’s evidence and (where the victim is also a party) their ability to participate in the proceedings will be diminished by reason of vulnerability.
	Subsection (4) provides that rules of court may provide for an exception to this general rule, to allow victims to notify the court if they do not wish to be deemed eligible for special measures.
	As eligibility for victims of domestic abuse will be assumed, the court will instead proceed straight to the second part of the test in Rules 3A.4 and/or 3A.5 – that is, determining whether it is necessary to make one or more participation directions. As with the practical effect of section 62, this section amends the law concerning eligibility for special measures but does not provide automatic access or guarantee the provision of special measures in any given case.