With this it will be convenient to discuss new clause 45—Special measures (civil and family proceedings): domestic abuse—

“(1) In civil and family proceedings, a witness is eligible for assistance by virtue of this section if they were, or are at risk of being, the victim of domestic abuse from—

(a) another party to the proceedings; or

(b) the family member of another party to the proceedings.

(2) The court’s duty under subsection (1) applies as soon as allegations of domestic abuse are raised after the start of proceedings and continue until the resolution of the proceedings.

(3) In determining the measures to make available to the witness, the court should consider—

(a) whether one or more measures should be made available; and

(b) any views expressed by the witness.

(4) The measures referred to in this section are those which—

(a) prevent a witness from seeing another witness;

(b) allow a witness to participate in proceedings;

(c) allow a witness to give evidence by live link;

(d) provide for a witness to use a device to help communicate;

(e) provide for a witness to participate in proceedings with the assistance of an intermediary;

(f) provide for a witness to be questioned in court with the assistance of an intermediary; or

(g) do anything else provided for in Civil Procedure Rules or Family Procedure Rules.

(5) Rules of court made for the purposes of providing assistance to eligible witnesses shall apply—

(a) to the extent provided by the rules of court, and

(b) subject to any modifications provided by rules of court.

(6) In this section—

“the court” means the family court, county court or the High Court;

“witness”, in relation to any proceedings, includes a party to the proceedings;

“proceedings” means civil or family proceedings;

“live link” means a live television link or other arrangement whereby a witness or party, while absent from the courtroom or other place where the proceedings are being held, is able to see and hear a person there and to be seen and heard by the judge, legal representatives acting in the proceedings and other persons appointed to assist a witness or party.”

This new clause would ensure that victims of domestic abuse have access to special measures in both civil and family proceedings.