sec.65Evidence in child protection proceeding or acknowledgement of sex proceeding

sec.65 Evidence in child protection proceeding or acknowledgement of sex proceeding

The court may issue a direction about evidence in a child protection proceeding or an acknowledgement of sex proceeding, including about the following— how evidence is to be given by a witness, including whether the witness is to give evidence orally or by affidavit; for an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023 , section 45 or 56 by a child—how the child is to give evidence, including whether the child is to give evidence orally, by affidavit or in another way the court considers appropriate; the filing of affidavits; the content of an affidavit to be used in the proceeding; a direction about the admission of facts or documents; whether to exempt a witness from attending an appearance in the proceeding; reducing the costs of a proceeding relating to the appearance of a witness appearing in the proceeding; the return date for subpoenas; the way the court is to be informed of a particular matter. See the Child Protection Act , section 105 and the Births, Deaths and Marriages Registration Act 2023 , section 74 for how the court may inform itself. In deciding whether to give a direction under subrule (1) (b) , the court must have regard to the following matters— the child’s age; whether the child is legally represented; the nature of the evidence to be given by the child; whether the child’s evidence may be given in another way. r 65 amd 2024 SL No. 76 s 32 (sec.65-ssec.1) The court may issue a direction about evidence in a child protection proceeding or an acknowledgement of sex proceeding, including about the following— how evidence is to be given by a witness, including whether the witness is to give evidence orally or by affidavit; for an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023 , section 45 or 56 by a child—how the child is to give evidence, including whether the child is to give evidence orally, by affidavit or in another way the court considers appropriate; the filing of affidavits; the content of an affidavit to be used in the proceeding; a direction about the admission of facts or documents; whether to exempt a witness from attending an appearance in the proceeding; reducing the costs of a proceeding relating to the appearance of a witness appearing in the proceeding; the return date for subpoenas; the way the court is to be informed of a particular matter. See the Child Protection Act , section 105 and the Births, Deaths and Marriages Registration Act 2023 , section 74 for how the court may inform itself. (sec.65-ssec.2) In deciding whether to give a direction under subrule (1) (b) , the court must have regard to the following matters— the child’s age; whether the child is legally represented; the nature of the evidence to be given by the child; whether the child’s evidence may be given in another way.