Evidence in public children proceedings
Evidence in public children proceedings

The following Family practice note provides comprehensive and up to date legal information covering:

  • Evidence in public children proceedings
  • Forms of evidence
  • Admissibility and credibility
  • Hearsay
  • Radicalisation cases
  • Children’s evidence
  • Competence and compellability
  • Investigative interviews
  • Reports by children’s guardians
  • Previous convictions
  • More...

This Practice Note deals with evidence in public children proceedings including admissibility, credibility, competence and compellability. It also details the provisions relating to evidence by children and guardian reports, together with provisions in relation to investigative interviews, hearsay, radicalisation cases, disclosure of previous criminal convictions and disclosure of evidence to the police or Crown Prosecution Service (CPS). For practical guidance on expert evidence, see Practice Note: Expert evidence in public children proceedings. For cases involving related criminal proceedings, see Practice Note: Public children—interaction between criminal and care proceedings. Regarding procedure in public children proceedings generally, see Practice Note: Public children—Public Law Outline 2014.

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 3A came into force from 27 November 2017 by virtue of the Family Procedure (Amendment No. 3) Rules 2017, SI 2017/1033, together with FPR 2010, PD 3AA, and makes special provision as to the participation of, and giving of evidence by, vulnerable persons in family proceedings. The provisions require the court to consider whether a party’s or witness’s quality of evidence may be diminished as a result of vulnerability, and whether it is necessary to make participation directions, including for a party or witness to be questioned in court with the assistance of an intermediary. See Practice Note: Vulnerable persons—participation and evidence in family proceedings. Training for advocates has been organised by the

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