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Children's Views and Evidence

Children's Views and Evidence

Author: David Burrows
Publisher: Bloomsbury Professional (formerly Tottel Publishing)
ISBN: 9781526503176
Published In: November 2017
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Children's Views and Evidence concentrates on children in court proceedings, mostly in family proceedings, but also with reference to the issues within civil proceedings. Their evidence and the court hearing their views are, respectively, contrasted throughout. Stress is placed upon any rights to which a child is entitled (common law, European Convention 1950, UN Conventions and EU Directive), such as to confidentiality and to take part (or be heard) in proceedings. Particular importance is given to the meaning and effect of a child's 'understanding' in court proceedings, and the way that terms will vary according to a child's age and the issue before the court.

It explains the position and role of children in court proceedings by setting out the child's rights and the underlying principles in law, both national and EU, that seek to establish how a child is treated and understood in court proceedings. Legislation and cases covered and analysed include:

Children Act 1989
Human Rights Act 1998
Civil Procedure Rules 1998
LASPO Act 2012
Justice and Security Act 2013
Re D (A Child) (International Recognition) [2016] EWCA Civ 12, [2016] 2 FLR 347– child's right to be heard
Re W (A Child) [2016] EWCA Civ 1051 – rules for child representation in hearings
P v A Local Authority [2016] EWHC (Fam) – legal aid and statutory damages
Re W (Children) (Abuse: Oral Evidence) [2010] UKSC 12 – child's evidence
R (D (a minor)) v Camberwell Green Youth Court [2005] UKHL 4 – safeguards in criminal law for children
Protocol and Good Practice Model Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings - October 2013

The book will also appeal to other professionals involved in the process including doctors, teachers, social workers and guardians ad litum.

Chapter 1: Introduction
Chapter 2: Meaning of 'child'
Chapter 3: Rights of a child
Chapter 4: Child's evidence
Chapter 5: Child's views in court proceedings
Chapter 6: Confidentiality of children and what they say
Chapter 7: 'BREXIT' – any changes?
Chapter 8: Child as party to proceedings – representation of children
Chapter 9: Legal aid and the child
Chapter 10: Disclosure of evidence in children's proceedings
Chapter 11: Closed material procedure and children's proceedings
Chapter 12: The child in mediation or arbitration
Chapter 13: Anonymity of children and privacy principles in children proceedings