26Children and young persons as witnesses

26 Children and young persons as witnesses

26 Children and young persons as witnesses

(1) A child or young person to whom care proceedings relate, and who has consented to give evidence in those proceedings, must not be called as a witness in those proceedings otherwise than by, or by leave of, the Court.

(2) The Court must not call, nor give leave for the calling of, such a child or young person unless the Court has taken into consideration—

(a) the child’s or young person’s age, maturity and level of understanding, and

(b) the nature of the evidence that the child or young person is likely to give, and

(c) the importance of that evidence to the decision that the Court is required to make in respect of the proceedings, and

(d) the likely reliability of that evidence, and

(e) the effect that the giving of evidence generally, or the giving of evidence of the nature that the child or young person is likely to give, is likely to have—

(i) on the emotional well-being of the child or young person, and

(ii) on the child’s or young person’s relationships with other persons, and

(f) any other matters that the Court considers appropriate.

(3) This clause does not apply where the child or young person is called to give evidence on his or her own behalf.