BackgroundĬourts hearing family proceedings do not have an express power to prevent a perpetrator or alleged perpetrator of abuse from cross-examining their alleged victim in person, nor do they have the power to order that an advocate be appointed (and funded) to carry out the cross-examination on behalf of the alleged perpetrator. The court-appointed legal representative will be paid from central funds and guidance will be issued about the scope and nature of their role in the proceedings. The provisions will further give the court a power to prohibit cross-examination in person where it would be likely to either diminish the quality of the witness’s evidence or cause significant distress to the witness or party.įinally, the Act also gives the court the power in specified circumstances to appoint a qualified legal representative to conduct cross-examination on behalf of a party who is prohibited from cross-examining the witness in person. We will specify in regulations which offences will trigger the automatic prohibition, and expect these to include offences related to domestic abuse or violence, child abuse and sexual abuse. We believe that, in addition to victims of domestic abuse, the provisions will provide protection to a wider range of vulnerable people and victims of other types of abuse. In each of these circumstances, the ban will apply both ways: it will protect the victim from cross-examination by their abuser, and from having to cross-examine their abuser themselves. This evidence will be specified in regulations, and we intend to broadly replicate the evidence criteria used in the legal aid regime. where there is other evidence of domestic abuse perpetrated by a party to the proceedings towards a witness (or vice versa).where an on-notice protective injunction is in place between the party and witness.where one party has been convicted of, given a caution for, or charged with certain offences against the witness.These provisions will introduce an automatic ban on cross-examination in person: Justice Secretary, Robert Buckland, Commons second reading of the Bill, October 2019 How are we going to do it? Such an experience will inevitably cause immense stress and would of itself be a continuation of the abuse. Guidance will be issued about the scope and nature of that role.įew things are likely to retraumatise victims more than being subject to direct cross-examination by their abuser in legal proceedings. We are giving the family court the power to appoint a public-funded advocate (qualified legal representative) to carry out the cross-examination in limited circumstances where necessary. We are also giving the court the power to prohibit cross-examination in person in family proceedings in certain other circumstances. Prohibit perpetrators and alleged perpetrators of abuse from cross-examining their victims in person(and vice versa) in family proceedings in England and Wales.
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