Key Facts

• Clause 9 addresses the admissibility of evidence regardin [8D [K regarding compensation claims in sexual offence cases.
• Current practices [9D [K practices allow courts to admit such evidence only if it has 'substantial p [1D [K probative value' and is related to a matter of 'substantial importance'.
• [15D [K importance'.
• The amendments aim to exclude irrelevant or prejudicial mat [3D [K material while allowing genuinely probative evidence.
• Clause 9 creates a high admissibility threshold for compe [5D [K compensation claim evidence in sexual offence prosecutions.
• The Law Comm [4D [K Commission report identified inconsistencies in the treatment of such evide [5D [K evidence and its impact on victims.
• Clause 10 clarifies that certain fac [3D [K facts do not, by themselves, mean a previous allegation was untrue.
• Clause 10 of the Courts and Tribunals Bill introduces req [3D [K requirements for proper evidential basis before suggesting a complainant ha [2D [K has previously fabricated an allegation of sexual offending.
• Factors exc [3D [K excluded from being used as sole proof include denial, lack of charge or co [2D [K conviction, delay in reporting, and decision not to pursue prosecution.
• [K One in two adult survivors of rape have been raped more than once according [9D [K according to Office for National Statistics data.
• Clause 11 allows previous domestic abuse convictions to b [1D [K be admitted as bad character evidence in further cases.
• The clause aims [K to help courts understand patterns of abusive behavior that may otherwise f [1D [K fall outside narrow offence categories.
• The provision ensures statutory [K clarity for judges on the admissibility of past domestic abuse offending.
• Clause 12 clarifies and strengthens current provisions on [2D [K on the use of screens in criminal courts.
• It introduces a presumption in [2D [K in favour of providing screens when an intimidated witness requests them.
• [7D [K them.
• The clause ensures protection operates in both directions: prevent [7D [K preventing the witness from seeing the accused, and shielding the witness f [1D [K from the accused’s gaze.
• Clause 12 stipulates screens must be provided unless cont [4D [K contrary to justice.
• The Law Commission's recommendations include automa [6D [K automatic entitlement for complainants in sexual offences cases.
• Judges [K rarely refuse requests for special measures.
• Amendment 70 aims to add a new requirement for witnesses' [10D [K witnesses' supporters to be independent.
• The amendment targets cases inv [3D [K involving domestic abuse or sexual offences where victims are vulnerable.
• [13D [K vulnerable.
• The MP argues that allowing family members, friends, or rela [4D [K relatives as supporters could lead to biased evidence.
• The current claus [5D [K clause seeks to formalise witness accompaniment from local practices to a s [1D [K statutory basis.
• Clause 13 introduces professional supporter roles as spec [4D [K special measures for vulnerable or intimidated witnesses.
• IDVAs (Indepen [8D [K (Independent Domestic Violence Advisers) and ISVAs (Independent Sexual Viol [4D [K Violence Advisers) are specifically mentioned as examples of trained profes [6D [K professionals who can act as supporters.
• The court retains discretion to [2D [K to determine whether a supporter's presence is in the interests of justice. [8D [K justice.
• Section 25 of the Youth Justice and Criminal Evidence Act [3D [K Act 1999 permits exclusion of public from courtrooms but is rarely used.
• [8D [K used.
• Courts often hesitate to exclude the press, fearing it impacts ope [3D [K open justice.
• The clause allows accredited members of the press, approve [7D [K approved academic researchers, and one supporter for the complainant to rem [3D [K remain in court when others are excluded.
• Clause 14 aims to clarify categories of people who may no [2D [K not be excluded from court proceedings.
• The measure seeks to balance wit [3D [K witness protection and public transparency in legal proceedings.
• Subsect [7D [K Subsection (4)(b) refers specifically to representatives of news gathering [K or reporting organisations with accreditation.
• Clause 15 clarifies courts' power to edit pre-recorded cr [2D [K cross-examination recordings.
• Section 27 of the Youth Justice and Crimin [6D [K Criminal Evidence Act is proposed to be amended in new clause 28.
• Vulner [6D [K Vulnerable witnesses may find it distressing to watch their video testimony [9D [K testimony during court proceedings.
• Clause 15 clarifies the use of pre-recorded evidence for [K cross-examination.
• Editing of recorded testimony may be required if proc [4D [K procedural requirements were not met during recording.
• Sir Brian Leveson [7D [K Leveson’s review highlights issues with malfunctioning or substandard equip [5D [K equipment in courts.
• The clause makes it clear in legislation that special mea [3D [K measures are available when a victim chooses to read their victim impact st [2D [K statement aloud at sentencing.
• Special measures may include screens, liv [3D [K live links or other appropriate measures.
• Clause 16 removes uncertainty [K and ensures victims can rely on the same support at sentencing as they woul [4D [K would during evidence giving.
• New clause 16 introduces a presumption regarding parental [8D [K parental relocation in cases of domestic abuse.
• New clause 20 mandates c [1D [K courts to determine allegations of domestic abuse as a preliminary issue be [2D [K before addressing claims of parental alienation.
• New clause 31 provides [K that a child's reluctance to spend time with an accused abusive parent is p [1D [K presumed reasonable.
• Amendment 14 requires the Government to report on the imp [3D [K impact of repealing the presumption of parental responsibility.
• New clau [4D [K clause 16 introduces a rebuttal presumption that relocation requests from v [1D [K victims of domestic abuse are reasonable and in the child’s best interests, [10D [K interests, unless proven otherwise.
• New clause 20 ensures that allegatio [9D [K allegations of domestic abuse must be addressed before considering claims o [1D [K of alienation.
• Since Women’s Aid first reported on the issue in 2004, 67 [2D [K 67 children have been killed by perpetrators of domestic abuse through cont [4D [K contact arrangements.
• The repeal does not give any parent an automatic right to [2D [K to contact.
• Since 2014, approximately 50 children have died while subjec [6D [K subject to a court order granting contact with a parent.
• Over the same p [1D [K period, more than 450 children died after being placed in care by the court [5D [K courts.
• The Government’s impact assessment acknowledges that the repeal [K alone is unlikely to materially change outcomes.
• Both Parents Matter and [3D [K and Family Services Foundation argue for maintaining the presumption's neut [4D [K neutrality as a protection against inappropriate gatekeeping.
• There are [K proposals for a targeted amendment to section 1(3) of the Children Act 1989 [4D [K 1989 to require courts to set out explicitly how they have applied each ele [3D [K element of the welfare checklist.
• The clause could help cases where clear evidence is disre [5D [K disregarded due to an overemphasis on a presumption of involvement.
• A co [2D [K constituent described the clause change as enormous relief in October 2025. [5D [K 2025.
• Two independent firms advised against using Family Court due to th [2D [K the 'presumption of involvement' and inconsistent training among judges.
• The current presumption does not give parents an automati [8D [K automatic right to contact and prioritizes child safety.
• Removing the pr [2D [K presumption may not materially change outcomes, according to the Government [10D [K Government's impact assessment.
• There are substantial protections in the [3D [K the current legal framework but they fail occasionally.
• The Centre for P [1D [K Policy Research on Men and Boys suggests that failures often stem from risk [4D [K risk assessment, information sharing, institutional practice, professional [K judgment, and resourcing.
• Rebecca Paul declares her involvement as a serving county [6D [K county councillor in Surrey.
• The case of Sara Sharif, where numerous saf [3D [K safeguarding failures led to a child's death, is highlighted.
• Paul argue [5D [K argues that the loss of children’s lives might not be directly attributed t [1D [K to the parental presumption.
• Judicial performance should be scrutinized internally wit [3D [K within the judiciary.
• Child-focused courts will be rolled out nationally [10D [K nationally over the next three years.
• These courts require upfront produ [5D [K production of expert reports and assessments, reducing conflict and speedin [7D [K speeding up processes.
• The amendment's scope is limited.
• Concerns are raised [K about systems within the family court beyond parental responsibility.
• Je [2D [K Jessica Brown-Fuller has requested similar reports through multiple oral qu [2D [K questions.
• Family justice strategy will be forthcoming in July.
• £ [1D [K £17 million investment accompanies child-focused courts programme.
• New c [1D [K clause 20 aims to establish a presumption regarding domestic abuse cases bu [2D [K but is opposed by the Government.
• Clause 17 removes the presumption whic [4D [K which is seen as prioritizing child welfare.
• Clause 18 makes significant reforms to the leadership of [K tribunals in England and Wales.
• The reforms bring tribunals and their ju [2D [K judiciary within the Lady Chief Justice’s leadership responsibilities under [5D [K under the One Judiciary programme.
• Government amendments 72 to 96 are mi [2D [K minor, technical changes to ensure coherent delegation structures for tribu [5D [K tribunals business.
• Clause 18 and Schedule 3 address the leadership of tribun [6D [K tribunals.
• The Lady Chief Justice will become the president of the court [5D [K courts and tribunals of England and Wales.
• Tribunals are designed to be [K more accessible, specialist, and less formal compared to traditional courts [6D [K courts.
• Amendments cover sections of the Tribunals, Courts and En [2D [K Enforcement Act 2007.
• Specific amendments relate to delegation powers fo [2D [K for the Lord Chief Justice and Senior President of Tribunals.
• Changes in [2D [K include clarifications on cross-delegation between England/Wales and Scotla [6D [K Scotland/Northern Ireland.
• Repeals provisions in several acts that confl [5D [K conflict with current legislation.
• Clause 19 amends Section 15 of the Courts Act 2003.
• Re [2D [K Regulations will allow the Lord Chancellor to specify reimbursable expenses [8D [K expenses for magistrates.
• The move aims to provide flexibility in addres [6D [K addressing magistrates' evolving needs.
• The statutory title 'Central Criminal Court' has been on [K the statute book since 1834.
• The new courts complex at Salisbury Square [K in the City of London is set to open next year with more than £600 million [K invested.
• Clause 20 clarifies that the Old Bailey will remain the sole C [1D [K Central Criminal Court designation.
• The clause maintains the historical [K entitlement for the Lord Mayor and aldermen to sit as judges within the Cit [3D [K City's Crown court.