55Children and young persons as witnesses

55 Children and young persons as witnesses

(1)  Subject to section 63 of the Act, a child or young person to whom protection application proceedings relate 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, or give leave for the calling of, such a child or young person unless the Court has taken into consideration –

(a) the age, maturity and level of understanding of the child or young person; 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 proceeding; 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 wellbeing of the child or young person; and

(ii) on the relationship the child or young person has with other persons; and

(f) whether the child agrees to give evidence or is likely to agree to give evidence; and

(g) if a separate representative has been appointed in respect of the child, the recommendation of that representative; and

(h) any other matter that the Court considers appropriate.