Children's Views and Evidence.

Intro -- Preface -- Table of Statutes -- Table of Statutory Instruments -- Table of EU Law -- Table of International Law -- Table of Cases -- 1 INTRODUCTION -- 1 CHILDREN PROCEEDINGS AND THE RULE OF LAW -- Clarity in family law -- Judges and the rule of law -- Extra-judicial discussion and debate -- 2 RULES OF EVIDENCE: SOME NOTES -- Rules of evidence -- Evidence at a hearing -- Written statements and affidavits: evidence and forms of hearing -- Content of statements and affidavits -- Hearsay in children proceedings -- 3 STRUCTURE OF THE LAW -- Statute law -- Common law -- Law and discretion -- 4 SUBSIDIARY LEGISLATION AND QUASI-DELEGATED LEGISLATION -- Delegated legislation and court rules -- Practice directions -- Practice guidance, guidelines, notes and protocols -- 5 PRECEDENT, STARE DECISIS AND RATIO -- Rules of precedent -- Inherent jurisdiction of the high court -- 6 STRAWS IN THE WIND -- Vulnerable witnesses and children -- Complainants as to alleged domestic abuse -- European union withdrawal -- 2 MEANING OF 'CHILD': LAW AND REALITY -- 1 INTRODUCTION -- 'Child': meaning and a child's role in proceedings -- 2 ACTUAL AGE -- Child's biological age -- Age and maturity -- 3 CHILD'S ROLE IN PROCEEDINGS -- Participation and evidence in proceedings -- Party to proceedings and legal representation -- 4 AGE AND UNDERSTANDING -- The reality of the child's views, human development and social change -- Gillick: consent to contraceptive advice for child under 16 -- Contraceptive advice to a child under 16: whose judgment? -- Parental control against child's independence -- 'Understanding and intelligence' -- Gillick and confidentiality -- 5 CONFIDENTIALITY AND CONSENT -- Medical guidance -- Communication by doctor with parents -- Child confidentiality and 2004 medical guidance -- GMC Guidance 2017 -- 3 CHILD'S EVIDENCE -- 1 INTRODUCTION.

Children giving evidence in family proceedings -- Children's evidence -- 2 CHILD'S EVIDENCE IN PROCEEDINGS -- Evidence from a child -- Evidence in children proceedings -- evidence of children -- Evidence of child witness -- competence -- 3 CHILD'S EVIDENCE IN CRIMINAL PROCEEDINGS -- Eligibility for assistance -- Special measures directions -- Special provisions for child witnesses -- Special measures in family proceedings -- 4 CHILD AS WITNESS OF FACT IN CHILDREN PROCEEDINGS -- Introduction -- Case management and a child's evidence -- Child's evidence and a fair trial -- Guidelines on child's evidence -- 5 CHILDREN'S EVIDENCE IN COURT PROCEEDINGS -- Child witnesses and fairness -- Child witnesses and children proceedings -- 6 ACHIEVING BEST EVIDENCE -- Achieving best evidence: Guidance -- The ABE Guidance and child interviews -- Special measures -- Consent of child and parents -- 7 SPECIAL MEASURES AND CHILDREN PROCEEDINGS -- Child's evidence and existing procedure -- Questions by the judge -- APPENDIX -- Working Party of the Family Justice Council Guidelines December 2011 -- 4 CHILD'S VIEWS -- 1 INTRODUCTION -- Children meeting with judges -- 'Opportunity to be heard' -- Proposals for reform -- 2 CHILD'S AGE, MATURITY AND UNDERSTANDING -- Child's views: a 'sea-change' in judicial attitudes -- Rights of a child -- Child's age and understanding: Gillick -- Law Commission and Children Act 1989 -- 3 CHILD'S VIEWS ACCORDING TO AGE AND MATURITY -- Child's views: a 'fundamental principle' -- Child abduction -- 4 CHILD'S VIEWS: THE MODERN LAW -- A right to be heard -- The voice of the child at trial -- Courts feeling their way -- The Guidelines and how a child should be heard -- Guidelines for judges meeting children -- Purpose of the Guidelines -- APPENDIX -- Guidelines - Judges meeting children subject to family proceedings -- 5 HUMAN RIGHTS AND THE CHILD.

1 INTRODUCTION -- Human rights and English law -- 2 HUMAN RIGHTS ACT 1998 AND EUROPEAN CONVENTION -- Protection of human rights -- Human rights act 1998 -- 3 EUROPEAN CONVENTION ARTICLES AND CHILDREN LAW -- Right to a fair trial -- Right to respect for private and family life -- Freedom of expression -- Human rights act 1998, s 12 and success at trial -- 4 CHILDREN'S RIGHTS AND THE CONVENTION -- Children's rights and the interests of the child -- Children and press freedom -- 5 THE CONVENTION AND FREEDOM OF EXPRESSION -- Freedom of expression and the interests of justice -- Private individuals and freedom of expression -- 6 CHILD'S RIGHT TO FREEDOM OF EXPRESSION -- Child's right to freedom of expression -- Rights and legal principle -- 7 THE CONVENTION BALANCING TEST: RIGHTS OF EQUAL FORCE -- Interplay between rights -- Rights and the media -- 8 RIGHTS AND THE CHILD MATURE CHILD -- Confidentiality rights and the Convention -- Rights and the child with a view -- 9 CHILD'S INTERESTS A PRIMARY CONSIDERATION -- Child's rights and the European Convention -- Child's best interests -- Children: 'a primary consideration' -- Children's interests: no factor given greater weight -- 'Sequencing' of children's rights -- Paramountcy, primacy, or no right to rank higher -- 6 THE CHILD AS A PARTY TO PROCEEDINGS -- 1 INTRODUCTION -- Representation of children in civil proceedings -- Age, understanding and maturity -- Representation of children under FPR 2010, Part 16 -- 2 STRUCTURE OF LAW ON CHILD REPRESENTATION -- Representation of a child -- Procedure for representation under children act 1989 -- Representation under the rules -- Representatives -- 3 REPRESENTATION UNDER FAMILY PROCEDURE RULES -- Guardian appointed under rule 16.3 and 16.20 -- Guardian appointed under rule 16.4 -- Appointment of a litigation friend -- Solicitor acting for a child.

Solicitor in specified proceedings -- 4 CHILD'S UNDERSTANDING AND REPRESENTATION -- Contexts of child's 'understanding' -- Application for a child to issue proceedings -- Child's application to join in children proceedings -- Child's application alongside an existing care order -- 5 CHILD AND CIVIL PROCEEDINGS -- Children's litigation friend in civil proceedings -- 6 LEGAL AID -- Legal aid for children proceedings -- Legal aid and public law proceedings: an example -- 7 CHILDREN'S RIGHTS: INTERNATIONAL LEGISLATION AND EU WITHDRAWAL -- 1 INTRODUCTION -- Law and fundamental rights -- Children's European and international rights -- 2 INTERNATIONAL AND EUROPEAN LEGISLATION -- European legislation: creation of rights -- Fundamental rights and law reform -- 3 RIGHTS CONVENTIONS AND LEGISLATION -- EU Charter -- Brussels IIA -- United Nations Convention on the Rights of the Child 1989 -- Other instruments -- 4 CHILDREN'S RIGHTS IN OPERATION -- Children's rights and EU withdrawal -- Right to participate in proceedings -- Child to be heard more frequently -- Unified rules to govern jurisdiction across Member States -- 'opportunity to be heard' -- Operation of fundamental principle -- Progression in English law: the right of the child to participate in proceedings -- Child's right to be heard -- Children's lost EU rights -- Enforcement and EU law -- 5 SURVIVAL OF CHILDREN'S RIGHTS AND EU LAW -- Survival of rights -- Child's evidence discounted by the judge -- Evidence from the child: mother's case rejected by the judge -- Evidence and child's rights -- Rights to be heard and EU withdrawal -- 8 CONFIDENTIALITY -- 1 INTRODUCTION -- Children's confidentiality -- Gillick: confidentiality and 'sharing' -- 2 CONFIDENTIALITY OF THE MATURE CHILD -- Confidentiality: a definition -- Breach of confidence and the public interest.

Gillick and Roddy: consent of a child under 16 -- Reality: judge's sensitivity to a child's developmental change -- 3 THE CHILD AND LEGAL PROFESSIONAL PRIVILEGE -- Legal professional privilege and the mature child -- Child's advice privilege in care proceedings -- 4 DOCTORS: CONFIDENTIALITY AND A MATURE CHILD AS PATIENT -- GMC Guidance to doctors -- Confidentiality: sharing medical information with and without consent -- 5 PUBLIC INTEREST AND OVERIDING CONFIDENTIALITY -- Public interest and the medical profession: passing on information without consent -- Confidentiality and professional relationships -- Confidentiality and W v Egdell -- Public interest in overriding privilege -- Confidentiality and children -- 6 SHARING OF INFORMATION: WORKING TOGETHER -- Introduction to working together -- Working together: statutory guidance -- Sharing as against confidentiality -- Children act 2004: working together and the duty to safeguard -- 6 INFORMATION SHARING -- 'Early help assessment' -- 7 CONFIDENTIALITY OF A CHILD -- Overriding the confidentiality of a mature child -- 9 DISCLOSURE IN CHILDREN PROCEEDINGS -- 1 INTRODUCTION -- Disclosure in children proceedings -- 2 DISCLOSURE AND CHILDREN PROCEEDINGS -- Duty of disclosure -- Exemptions from disclosure -- Privilege from disclosure -- Public interest immunity -- 3 OBTAINING INFORMATION FROM THIRD PARTIES -- Disclosure under family procedure rules 2010 -- Disclosure under inherent jurisdiction -- Information as to a child's whereabouts -- 4 PASSING ON INFORMATION TO THIRD PARTIES -- Children documents to police -- Restrictions on release -- Release of documents to third parties outside PD12g -- Collateral use of disclosed documents -- 5 SELF-INCRIMINATION PRIVILEGE AND CHILDREN PROCEEDINGS -- Incriminating evidence and children proceedings -- 10 RESTRICTING OR WITHHOLDING DISCLOSURE -- 1 INTRODUCTION.

Disclosure and closed procedures.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.