Evidence in public children proceedings
Produced in partnership with Maud Davis of TV Edwards LLP
Evidence in public children proceedings

The following Family guidance note Produced in partnership with Maud Davis of TV Edwards LLP 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.

See Practice Note: Public children—Public Law Outline 2014 for practical guidance on the Public Law Outline 2014 (PLO 2014), and on requirements as to forms, bundles, allocation and the provisions of the Children and Families Act 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, making special provision as to the participation of, and giving of evidence by, vulnerable persons in family proceedings. The new 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 provision 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