Precedents
| Author | Gillian Geddes/Richard Budworth |
| Pages | 247-302 |
PRODUCTION ORDER (OF PRISONER)
IN THE FAMILY COURT AT [place] Case No. [ ]
The Children Act 1989
The Adoption and Children Act 2002 The Family Law Act 1996
[delete as appropriate]
[DRAFT] Case Management Order No/FHDRA/Directions Hearing Order No [Sequential number in these proceedings]
(ADAPT TEMPLATE FOR PLO OR CAP, AS APPROPRIATE)
1. THE PARTIES
The applicant is [name]
The first respondent is [name]
The second respondent is [name]
The third respondent(s) is/are [name(s)]
[The first intervenor is [state relationship to child(ren) or other party] is [name]]
UPON HEARING counsel/solicitor for [name] ... .
AND UPON reading ... .
ORDER:
1. The Governor of HMP [name] is requested to produce [name] (who is a party to the proceedings) at the Family Court sitting at [location of court] for the purpose of a hearing on [date] at [time], Time Estimate – [ ].
2. The court confirms that the personal attendance of [name] at the hearing is desirable in the interests of justice, if he/she wishes to attend.
3. This order may be disclosed to the relevant Prison Governor.
248 The Single Family Court: A Practitioner’s Handbook
Ordered by [Names] Lay Justices/District Judge [Name]/His/Her Honour Judge/[Name]
Dated:
Court address: for filing/communication:
Precedents 249
2013 PROTOCOL AND GOOD PRACTICE MODEL
DISCLOSURE OF INFORMATION IN CASES OF ALLEGED CHILD ABUSE AND LINKED CRIMINAL AND CARE DIRECTIONS HEARINGS
Disclosure direction to police
In the Court No Sitting at [Place]
The Children Act 1989
The Protocol concerning the disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings dated [dd/mm] 2013 (‘The Protocol’)
The Marriage/Civil Partnership/Relationship/Family of XX and YY The Children AA (a boy/girl born on dd/mm/yyyy)
BB (a boy/girl born on dd/mm/yyyy)
CC (a boy/girl born on dd/mm/yyyy)
(Adapt as appropriate)
After hearing [name the advocate(s) who appeared] ... .
After consideration of the documents lodged by the Parties
ORDER MADE BY [NAME OF JUDGE] ON [DATE] SITTING IN OPEN COURT/PRIVATE
The Parties
1. The applicant is XX (‘The Local Authority’)
The respondent is YY
The second respondent is ZZ
Specify if any party acts by a litigation friend
The third respondent is AA (acting by his/her guardian FF) The third respondent is BB (acting by his/her guardian FF) The fourth respondent is CC (acting by his/her guardian FF) Delete or Adapt as appropriate
Recitals
2. This is an order for information to be provided to this court by the [name of police force].
3. The reason that this request for information is made is [specify].
4. This order was made at a hearing [without notice]/[on short informal notice] to the [name of police force]. The reason why the order was made [without notice]/[on short informal notice] to the [name of police force] was [set out].
250 The Single Family Court: A Practitioner’s Handbook
The [name of police force] has the right to apply to the court to vary or discharge the order – see ‘The right to seek variation or discharge of this order’ below
IT IS ORDERED (BY CONSENT):
5. The [Commissioner of the Metropolitan Police]/[Chief Constable of [name] Police] shall by 16:00 on [date no sooner than 28 days from the date of the order] disclose to the Local Authority the following information:
The following are examples:
(a) Copies of police call out records and logs relating to [ ], date of birth [ ], and [ ], date of birth [ ], at [address(es)] between the dates of [ ] and [ ].
(b) Evidence relating to the allegations made by [ ] against [ ], date of birth [ ], of [address] including all statements made and photographs taken in connection with the allegations.
(c) A copy of any video-taped interview of [ ], date of birth [ ], on [date] together with a copy of any transcript available of that interview when completed.
(d) A copy of any audio-taped interview of [ ], date of birth [ ], on [date] together with a copy of any transcript available of that interview when completed.
6. The Local Authority [or other named party] shall serve a copy of this order on [specify the relevant police officer] together with a letter setting out in respect of the solicitors representing each party the full name of the firm, the full postal address, and the reference at that firm dealing with the matter giving his/her email address and direct telephone number.
7. The Local Authority [or other named party] shall file with this court and serve on the other parties the above evidence by 16:00 on [date].
8. The information when supplied may be used only for the purposes of these proceedings and must not be disclosed to any third party without the express permission of this court.
The right to seek variation or discharge of this order
9. (Where the order was made on no, or short, notice) The [Commissioner of the Metropolitan Police]/[Chief Constable of [name] Police] may apply for discharge or variation of this order, upon giving two clear business days’ notice of the hearing to the parties, by 16:00 on [date no later than 14 days from date of the order].
DATED
Precedents 251
2013 PROTOCOL AND GOOD PRACTICE MODEL
DISCLOSURE OF INFORMATION IN CASES OF ALLEGED CHILD ABUSE AND LINKED CRIMINAL AND CARE DIRECTIONS HEARINGS
Linked criminal and care directions
In the Court No: Sitting at [Place]
The Children Act 1989
The Protocol concerning the disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings dated [dd/mm] 2013 (‘The Protocol’)
The Marriage/Civil Partnership/Relationship/Family of XX and YY The Children AA (a boy/girl born on dd/mm/yyyy)
BB (a boy/girl born on dd/mm/yyyy)
CC (a boy/girl born on dd/mm/yyyy)
Adapt as appropriate
After hearing [name the advocate(s) who appeared] ... .
After consideration of the documents lodged by the Parties
ORDER MADE BY [NAME OF JUDGE] ON [DATE] SITTING IN OPEN COURT/PRIVATE
The Parties
1. The applicant is XX (‘The Local Authority’)
The respondent is YY
The second respondent is ZZ
Specify if any party acts by a litigation friend
The third respondent is AA (acting by his/her guardian FF) The third respondent is BB (acting by his/her guardian FF) The fourth respondent is CC (acting by his/her guardian FF) Delete or Adapt as appropriate
Recitals
2. [name] has been charged with offences of [specify the alleged offences and against whom they were committed] to which (s)he pleaded not guilty on [date] and the proceedings under case number [xxx] are listed for [trial]/[plea and case management] on [date] at the [name] Crown Court].
3. This court on [date] made a police disclosure direction order. The order [was complied with on]/[is expected to be complied with by] [date].
252 The Single Family Court: A Practitioner’s Handbook
4. (for example) ZZ is [to be]/[being] assessed by Dr [name], Consultant Psychiatrist, in readiness for the Plea and Case Management Hearing on [date].
5. It is recognised that the CPS will seek disclosure of the papers from these proceedings [and from the previous proceedings] regarding [names of children] the children of [name] and [name] [deceased] as well as documents held by the Local Authority on its Social Services files.
6. The Local Authority is expected to ensure that a copy of the Protocol is made available to the CPS solicitor with conduct of the criminal proceedings and the defence solicitor(s) (who will supply it to instructed counsel).
Request
7. Pursuant to Part C of the Protocol this court considers that a linked directions hearing is appropriate. This court by this order requests that the Resident Judge should nominate a judge to be responsible for the management of the criminal case with a view to listing a linked directions hearing at the [name] Crown Court before the nominated judge and the Allocated Case Management Judge in this case namely [name].
IT IS ORDERED (BY CONSENT):
8. These proceedings and the criminal proceedings are listed for a linked directions hearing at 10.00am on [date] before His/Her Honour Judge [name] and His/Her Honour Judge [name] sitting at the [name] Crown Court, [address] (estimate 1 hour).
9. The Local Authority shall by 14:00 on [date] serve on the Crown Court, the CPS and the defence solicitors a case summary as set out in para 17.6 of the Protocol, and shall file and serve a copy of it in these proceedings.
10. In accordance with para 17.7 of the Protocol the Local Authority and the CPS shall agree a schedule of issues, setting out those matters which are likely to be considered at the linked directions hearing and the Local Authority shall circulate the schedule to the solicitors for the other parties in the criminal and care proceedings by no later than 16:00 on [date].
11. The Local Authority shall by 12:00 on [date] file with the Court an agreed bundle prepared in accordance with the Family Procedure Rules 2010 PD 27A to include the case summary, the schedule of issues (agreed if possible), and the proposed directions to be sought. The Local Authority shall by the same time file and serve on each of the respondents an index to the bundle. If any respondent is unrepresented the Local Authority shall supply him/her with a full copy of the bundle.
12. The Governor of HM Prison [name] is directed to ensure that the respondent (father) ZZ is produced at 09:30 for the hearing on [date].
13. The Local Authority shall serve a copy of this order on the CPS prosecutor with conduct of the criminal proceedings and on the defence solicitor(s) (who shall provide copies to instructed counsel).
Dated
254 The Single Family Court: A Practitioner’s Handbook
CASE MANAGEMENT ORDERS FOR FAMILY COURTS AND IMMIGRATION AND ASYLUM CHAMBERS OF THE FIRST-TIER TRIBUNAL AND UPPER TRIBUNAL
[Footnote omitted]
Part 1
In the Court No: Sitting at [Place]
The [name of statute] Act [year]
The Immigration and Asylum Acts
The Marriage/Civil Partnership/Relationship/Family of XX and YY The Children AA (a boy/girl born on dd/mm/yyyy)
BB (a boy/girl born...
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