4.4 Who do special measures apply to?

The court rules say that special measures are for “vulnerable people”.

Described image
A small group of people

Activity 3

What characteristics or situations would make someone vulnerable? You may want to think about the situations you have dealt with in your volunteering.

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Comment

The court rules say that when considering whether someone is vulnerable, the court will consider a number of things. These include:

  • the impact of any actual or perceived intimidation towards the person concerned
  • whether the person has a mental or physical disability or is undergoing medical treatment
  • any concerns about abuse
  • whether the court hearing is contentious
  • the person’s age, maturity and understanding
  • the person’s social and cultural background and ethnicity
  • the person’s domestic circumstances and religious beliefs
  • the questions the person will be answering in court
  • any other relevant characteristic.

The court will also consider what measures could be put in place to assist the person and the cost of those measures.

As you can see, the court doesn’t just look at the characteristics of the party (such as a disability or health issue, age, social or cultural background) but also the circumstances. For example, special measures can be appropriate where there has been any intimidation or abuse and where the matter is contentious.

Crucially, when deciding whether special measures are appropriate the court will consider whether any of these characteristics or circumstances means the person will be less able to participate in the court proceedings or hearing. They will therefore look at whether the person will have difficulties in understanding the court proceedings and the client’s role, putting their views to the court, instructing legal representatives (if they have them) or attending a court hearing without “significant distress”.

Activity 4

Were there any of these characteristics or circumstances which surprised you, and if so why?

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Comment

Your response will be affected by your previous volunteering experiences and the extent to which you have supported clients who are vulnerable. You may have already been aware of the wide range of circumstances where special measures could apply, or this might be new information for you.

Can you recall any cases you have been involved with where special measures could have been considered, but were not? If so, can you identify a reason why special measures were not considered? Are there any things you would do differently in the future in your volunteering as a result of knowing this information?

Thinking about these questions will help you in your support of clients going forward.

Activity 5

You will find below a list of possible vulnerabilities. Use the highlighter pen to choose which special measure may be most appropriate in these circumstances.

How to use the highlighter

Each coloured highlighter has a description detailing its function. Click on the colour you want to use and then drag your cursor over the text you want to highlight. The return arrow icon erases the single last highlighting you did. If you want to clear all of your highlighting use the Reset button. When you have completed all of your highlighting click on the Save button. To check your answers click on Reveal answer.

Green – to prevent a party or witness from seeing another party or witness.

Blue – to provide for a party or witness to be questioned in court with the assistance of an intermediary.

Red – to give evidence by live link.

Purple – to provide for a party or witness to use a device to help them communicate.

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4.3 What special measures can be put into place?

4.5 Special measures and domestic abuse