Solicitor Elizabeth Owen, in our Family Law team, explains explains changes in the law that will prevent victims of domestic abuse being cross-examined by their abusers.
On 21 July 2022, Section 65 of the Domestic Abuse Act 2021 (‘DAA 2021’) came into force. This introduces a prohibition on perpetrators of domestic abuse and their victims from cross-examining each other.
The DDA 2021, s.65 sets out when the ‘Prohibition of Cross-Examination in Person’ is triggered. When the prohibition is triggered, the court must now consider alternative ways for a witness to be cross-examined, or alternative ways of obtaining evidence that the witness might have given under cross-examination.
If there is no alternative available, then the court must invite the person who wishes to conduct the cross-examination to arrange for a Qualified Legal Representative (QLR) to conduct the cross-examination, and set a time by which that person is to confirm whether a QLR is going to act for them.
If a party does not arrange for a QLR, then the court has to decide whether the witness is to be cross-examined by a QLR who will then be appointed by the court.
The recent case of B v P [2022] EWFC B18 reminds us of the importance of identifying vulnerable witnesses, and of following the correct approach when allegations of domestic abuse are raised.
This case concerned a mother’s appeal against findings made by a District Judge after a Fact Finding Hearing. The District Judge had concluded that most of the mother’s allegations of domestic abuse against the child’s father were not proved. The mother appealed and was successful. HHJ Levey concluded that the earlier decisions could not stand because of serious procedural irregularity including, amongst other issues, that procedures were not followed, and Special Measures were not put in place, to ensure that the mother could participate in the hearing effectively.
It is therefore vitally important in a case where allegations of domestic abuse are raised to ensure that correct procedures are followed, taking into account the requirements that are now set out in the DDA 2021.
Our specialist Family Law team can advise on the above and related matters.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
