In the UK, children cases can be very difficult and emotional for everyone involved. In some situations, children may need to give evidence in court, but this can be a daunting and distressing experience for them. To help alleviate this, special measures can be put in place to make the process more manageable.
Special measures are legal procedures designed to help vulnerable witnesses, including children, give evidence in court. They are used in cases where a witness is likely to be distressed or intimidated, or where they have a mental or physical disability that affects their ability to communicate effectively.
Some of the special measures that can be used in children cases include:
Giving evidence via a video link - This means that the child can give evidence from a separate room, with the court and the other parties watching on a screen. This can help the child to feel more comfortable and less intimidated.
Having an intermediary - An intermediary is a person who helps the child to communicate more effectively. They may use simple language, visual aids, or other techniques to help the child understand and answer questions.
Screening the witness - The court may allow the child to give evidence from behind a screen or other physical barrier, so that they do not have to face the other parties in the case.
Providing a support person - The child may be allowed to have a support person with them during their evidence. This could be a parent, a teacher, or a social worker, for example.
Restricting the public - The court may limit the number of people who are allowed to be present in the courtroom, or they may close the proceedings to the public altogether.
Special measures can be used in a range of children cases, including cases involving child abuse, neglect, or custody disputes. They are designed to ensure that the child's welfare is protected and that they are able to give evidence in a way that is appropriate for their age and level of understanding.
It is important to note that special measures are not always appropriate or necessary in every case, and decisions about their use will be made on a case-by-case basis. If you are involved in a children case and are concerned about the impact it may have on your child, it is important to speak to your legal representative about the possibility of using special measures. They can advise you on your options and help you to make the best decisions for your child's welfare.