Legal Safeguards for Victims During Court Hearings

Victims involved in court proceedings - whether in criminal, family or civil cases - can face considerable stress and potential intimidation, especially where they must give evidence or appear in close proximity to defendants or co‑parties. To address these challenges, the legal system in England and Wales provides a range of legal safeguards designed to protect victims' safety, dignity and ability to participate effectively in hearings. These safeguards help ensure that vulnerability or fear does not diminish the quality of evidence or discourage victims from pursuing justice.

Statutory Basis for Victim Support and Special Measures

Victims of domestic abuse and other serious offences are entitled to special measures under statutory provisions, including the Domestic Abuse Act 2021 and the Youth Justice and Criminal Evidence Act 1999 (YJCEA), as well as through family procedure rules that apply in family and civil courts. These legal frameworks recognise that vulnerability or intimidation can affect a person's ability to give evidence or participate in proceedings, and provide mechanisms to mitigate those difficulties.

In family proceedings, the Domestic Abuse Act 2021 extends eligibility for special measures to victims in family cases, enabling courts to consider participation directions tailored to supporting victims.

What Are Special Measures?

Special measures are practical protections and adaptations that assist victims and witnesses in giving evidence and participating in court without facing undue distress. They are available in both criminal and family court contexts and can be requested by victims or directed by the court when necessary.

Common special measures include:

• Screens in court: shielding the witness from direct visual contact with the defendant when evidence is given.
• Live video links: enabling a victim to give evidence from another room or location via technology, reducing stress associated with physical attendance.
• Separate waiting areas and entrances: preventing contact between victims and defendants before or after hearings.
• Closed court or restricted public access: limiting or excluding members of the public during the victim's evidence.
• Removal of wigs and gowns: alleviating the formal and potentially intimidating aspects of courtroom attire.

These measures aim to reduce fear or distress so victims can give their best evidence without psychological harm or intimidation.

Eligibility and How Safeguards Are Applied

Criminal Proceedings

In criminal courts, victims of domestic abuse are treated as automatically eligible for special measures when giving evidence, because the law recognises that allegations involving abuse can cause fear or distress that affects participation. This automatic eligibility is provided under section 62 of the Domestic Abuse Act 2021 and relevant provisions of the YJCEA.

Victims may also be eligible for individual measures where they are considered “vulnerable witnesses”, for example where a person is likely to suffer fear or significant distress when testifying.

Family and Civil Proceedings

In family courts (such as in private law contact or protective order applications), victims who are party to or witnesses in proceedings can request special measures under Practice Direction 3AA and Part 3A of the Family Procedure Rules. These rules require courts to consider whether a party's vulnerability (including being a victim of domestic abuse) might diminish their ability to participate, and whether a participation direction is necessary to assist them.

Pre‑Hearing Support and Preparations

Victims should inform the court as early as possible about their need for safeguards. Many courts allow victims to:

• Indicate requests for special measures on the application form.
• Contact court staff before the hearing to arrange support, including separate waiting areas or screens.
• Seek assistance from support services such as Victim Support or an Independent Domestic Violence Adviser (IDVA), who can liaise with the court and help organise measures.

Courts often need notice - commonly at least a week - to make practical arrangements, though urgent requests can be accommodated with shorter notice when necessary.

Participation Directions and Vulnerability Assessments

Under family procedure rules, judges assess whether a party or witness's vulnerability - including due to fear, intimidation or trauma - will diminish their ability to participate in hearings. If so, the court can make a participation direction to facilitate involvement.

Factors considered can include:

• The person's ability to understand the proceedings.
• The likely impact of distress or anxiety on testimony.
• Practical needs such as communication requirements, including use of intermediaries where appropriate.

These provisions help victims give evidence or participate in hearings without undue pressure.

Giving Evidence and Protection in Court

Screens and Remote Evidence

A victim can give evidence from behind a screen or via a live video link, meaning they are not physically in the same space as the defendant when testifying. This reduces the risk of intimidation and helps preserve emotional well‑being.

Video links may be from within the court building or a separate location, depending on arrangements and specific needs.

Supporters and Closed Court

Victims can request to have a supporter present during evidence if the judge allows it. This may be a trusted relative, friend or support worker.

Where appropriate, courts can also order sessions to be in closed court - excluding the public - when a victim gives evidence, ensuring privacy and reducing stress.

Communication and Accommodations

Victims can ask courts for additional accommodations within proceedings. This may include:

• Prohibiting a defendant from personally cross‑examining the victim in family or civil proceedings.
• Arrangements for separate waiting rooms or staggered sitting times to minimise contact.
• Ensuring contact details and personal safety information remain confidential.

These accommodations improve safety and reduce opportunities for further intimidation.

Rights and Support Services

Victims are also entitled to broader right to support throughout court proceedings. Under the Victims' Code and related policies, victims should be informed about available support, including special measures, and their preferences should be sought early to plan assistance effectively.

Support organisations such as Victim Support, IDVAs and specialist domestic abuse charities can help victims understand their rights and navigate the legal process, liaise with court staff, and arrange necessary accommodations.

Common Questions

Do safeguards apply to civil and family court hearings?
Yes. Special measures and participation directions are available in criminal, family and civil proceedings for victims whose ability to participate would otherwise be diminished by fear or vulnerability.

Can I request special measures even if I don't attend?
Victims should request measures in advance where possible, and courts can make directions even if the victim is not physically present, provided there is evidence of need.

Are there separate measures for children?
Children under 18 are automatically eligible for special measures when giving evidence in criminal proceedings, and courts take additional steps to safeguard their involvement.

Key Takeaways

The legal system in England and Wales provides a range of legal safeguards for victims during court hearings to ensure safety, dignity and effective participation. Special measures, including screens, video links, separate waiting areas and closed court sessions, address the unique challenges victims face when giving evidence or participating in proceedings. Statutory provisions such as the Domestic Abuse Act 2021 and the Youth Justice and Criminal Evidence Act 1999, supported by family procedure rules, enable court staff and judges to tailor protections to individual needs. Early communication with court staff and support from specialist services help victims access these safeguards and navigate the legal process with confidence.