Domestic abusers will no longer be able to cross-examine their victims during family and civil proceedings, the Government has announced.
Victims will be spared the trauma of being quizzed by their abusers in family and civil courts, with this already banned in criminal trials, the Ministry of Justice (MoJ) said. Instead, cross-examination will be carried out by a court-appointed legal professional.
It follows concerns that perpetrators were using the court process to further abuse and re-traumatise their victims. The change came into force on Thursday (July 21) as part of the Government’s Domestic Abuse Act.
Justice minister Tom Pursglove said: “Going to court about family issues can be a traumatic experience, so victims of domestic abuse shouldn’t face the extra torment of being cross-examined by their abuser. This is already banned in criminal trials and from today it will be banned in family and civil courts too – to protect victims, ease the stress and make sure they get a fair hearing.“
Women’s Aid welcomed the change “finally being enacted” but said it is disappointed that survivors who are already engaged in family proceedings will not benefit.
Isabelle Younane, head of policy, campaigns and public affairs, said: “Limiting the provision to cases starting from today will be a devastating blow for survivors who, throughout the passage of the Domestic Abuse Act through Parliament, were promised that these provisions would be a key step in making the family courts safer and more just spaces. We cannot truly prioritise the safety of women and children, unless we protect all survivors.”
Mark Fenhalls QC, chairman of the Bar Council, said: “The Bar Council supported the call for change because it was plainly wrong that alleged victims of domestic abuse ever had to go through the traumatic experience of being cross-examined by their alleged attackers. Now that a gap in the law has been filled, bringing civil and family courts in line with criminal trials, a significant source of stress will be removed.”
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