Children (Admissibility of Hearsay Evidence) Order 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/143 |
1990 No. 143
EVIDENCE
Children (Admissibility of Hearsay Evidence) Order 1990
Made 1st February 1990
Laid Before Parliament 12th February 1990
Coming into force 10th March 1990
The Lord Chancellor, in exercise of the powers conferred on him by sections 96(3) and 104(1) of the Children Act 19891, and of all other powers enabling him in that behalf, hereby makes the following Order:
1. This Order may be cited as the Children (Admissibility of Hearsay Evidence) Order 1990 and shall come into force on 10th March 1990.
2.—(1) In civil proceedings before the High Court or a county court, evidence given in connection with the upbringing, maintenance or welfare of a child, shall be admissible notwithstanding any rule of law relating to hearsay.
(2) In civil proceedings before a juvenile court:–
(a)
(a) a statement made by a child,
(b)
(b) a statement made by a person concerned with or having control of a child, that he has assaulted, neglected or ill-treated the child,
(c)
(c) a statement included in any report made by a guardian ad litem under rule 25(3)(a) of the Magistrates' Courts (Children and Young Persons) Rules 19882or by a local authority under section 9(1) of the Children and Young Persons Act 19693,
shall be admissible as evidence in connection with the upbringing, maintenance or welfare of a child notwithstanding any rule of law relating to hearsay.
Mackay of Clashfern, C.
Dated 1st February 1990
(This note is not part of the Order)
This Order exercises the power taken by the Lord Chancellor in the Children Act 1989 to abrogate the hearsay rule in respect of evidence given in civil proceedings in connection with the upbringing, maintenance or welfare of a child.
Article 2(1) abolishes the rule precluding hearsay evidence given in connection with the upbringing, maintenance or welfare of a child in proceedings before the High Court or a county court. Issues about the upbringing, maintenance or welfare of a child may arise in those courts under the inherent jurisdiction or statutory jurisdictions including those under the Guardianship of Minors Act 1971 (c. 3), the Guardianship Act 1973 (c. 29), the Matrimonial Causes Act 1973 (c. 18), the Children Act 1975 (c. 72), the Adoption Act 1976 (c. 36)and the Family Law Reform Act 1987 (c. 42).
Article 2(2) relaxes the rules relating to...
To continue reading
Request your trial