The Prohibition of Cross-Examination in Person (Civil and Family Proceedings) Regulations 2022

• Citation: S.I. 2022/568
• Sections: 21

Section 1 Citation, commencement, interpretation and extent

(1) These Regulations may be cited as the Prohibition of Cross-Examination in Person (Civil and Family Proceedings) Regulations 2022.

(2) These Regulations come into force on the day on which and immediately after sections 65 and 66 of the Domestic Abuse Act 2021 come into force.

(3) In these Regulations—

“ the 1984 Act ” means the Matrimonial and Family Proceedings Act 1984;

“ the 2003 Act ” means the Courts Act 2003.

(4) These Regulations extend to England and Wales.

Section 2 Specified offences

The offences, including those under laws which are no longer in force, in the tables in Schedule 1 are specified offences for the purposes of—

(1) section 31R(5) of the 1984 Act; and

(2) section 85F(5) of the 2003 Act.

Section 3 Protective injunctions

The injunctions, orders and interdicts in the tables in Schedule 2 are protective injunctions for the purposes of—

(1) section 31S(4) of the 1984 Act; and

(2) section 85G(4) of the 2003 Act.

Section 4 Specified evidence

(1) Subject to paragraph (2), the forms of evidence described in Schedule 3 are specified evidence for the purposes of—

(a) section 31T(3) and (4) of the 1984 Act; and

(b) section 85H(3) and (4) of the 2003 Act.

(2) The evidence must show that domestic abuse has occurred between the party to the proceedings and the witness.

Section 1 Interpretation

For the purposes of this Schedule—

“ A ” means the person who committed, or was alleged to have committed, domestic abuse against B;

“ appropriate health professional ” means—

a medical practitioner licensed to practise by the General Medical Council;

a health professional who is registered to practise in the United Kingdom by—

the Nursing and Midwifery Council;

the General Dental Council; or

a paramedic, practitioner psychologist, radiographer or social worker registered to practise in the United Kingdom by the Health and Care Professions Council;

“ B ” means the person who was the victim, or alleged victim, of domestic abuse committed by A;

“ expert report ” means a report by a person qualified to give expert advice on all or most of the matters that are the subject of the report;

“ housing association ” has the same meaning as in section 1(1) of the Housing Associations Act 1985 ;

“ local authority ” means—

in relation to England, a county council, district council, a London borough council, the Court of Common Council of the City of London, or the Council of the Isles of Scilly;

in relation to Wales, a county council, county borough council or community council; or

in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ; or

in relation to Northern Ireland, a district council established in accordance with section 1 of the Local Government Act (Northern Ireland) 1972 ;

“ protective injunction ” means an injunction, order or interdict specified in Schedule 2 to these Regulations;

“ public authority ” has the same meaning as in section 6 of the Human Rights Act 1998 ;

“ refuge ” means—

a refuge established for the purpose of providing accommodation for victims of, or those at risk of, domestic abuse; or

a residential home established and maintained by a public body for any other purpose that also provides accommodation to the victims of, or those at risk of, domestic abuse.

Section 2 Evidence

Evidence of a court order binding over A in connection with a specified offence.

Section 3 Evidence

A domestic violence protection notice issued and currently in force against A for the protection of B under section 24 of the Crime and Security Act 2010 .

Section 4 Evidence

A domestic abuse protection notice issued and currently in force against A for the protection of B under section 22 of the Domestic Abuse 2021 .

Section 5 Evidence

An undertaking given in England and Wales under section 46 or 63E of the Family Law Act 1996 (or given in Scotland or Northern Ireland in place of a protective interdict or injunction) by A for the protection of B, provided that a cross-undertaking relating to domestic abuse was not given by B.

Section 6 Evidence

A copy of a finding of fact, made in proceedings in the United Kingdom, that there has been domestic abuse between A and B.

Section 7 Evidence

An expert report produced as evidence in proceedings in the United Kingdom for the benefit of a court or tribunal confirming that B was assessed as being a victim of domestic abuse by A.

Section 8 Evidence

A letter or report from an appropriate health professional confirming that that professional, or another appropriate health professional—

(1) has examined B in person, following a report of domestic abuse by A; and

(2) in the reasonable professional judgement of the author or the examining appropriate health professional, B has, or has had, injuries or a condition consistent with being a victim of domestic abuse.

Section 9 Evidence

A letter or report from—

(1) the appropriate health professional who made the referral described below;

(2) an appropriate health professional who has access to the medical records of B; or

(3) the person to whom the referral described below was made;

confirming that there was a referral by an appropriate health professional of B, following a report of domestic abuse by A, to a person who provides specialist support or assistance for victims of, or those at risk of, domestic abuse.

Section 10 Evidence

A letter from any person who is a member of a multi-agency risk assessment conference (or other suitable local safeguarding forum) confirming that B has experienced domestic abuse by A.

Section 11 Evidence

A letter from an independent domestic violence advisor confirming that they are providing, or have provided, support to B, following a report of domestic abuse by A.

Section 12 Evidence

A letter from an independent sexual violence advisor confirming that they are providing, or have provided, support to B relating to domestic abuse of a sexual nature by A.

Section 13 Evidence

A letter from an officer employed by a local authority or housing association (or their equivalent in Scotland or Northern Ireland) for the purpose of supporting tenants containing—

(1) a statement to the effect that, in their reasonable professional judgement, B is a victim of domestic abuse by A;

(2) a description of the matters relied upon to support that judgement; and

(3) a description of the support they provided to B.

Section 14 Evidence

(1) A letter from an organisation providing domestic violence or support services.

(2) The letter must confirm that the organisation—

(a) is situated in the United Kingdom;

(b) has been operating for an uninterrupted period of 6 months or more; and

(c) provided B with support in relation to their needs as a victim of domestic abuse by A.

(3) The letter must contain—

(a) a statement to the effect that, in the reasonable professional judgement of the author of the letter, B is a victim of domestic abuse by A;

(b) a description of the matters relied upon to support that judgement;

(c) a description of the support provided to B; and

(d) a statement of the reasons why B needed that support.

Section 15 Evidence

A letter or report from an organisation providing domestic abuse support services in the United Kingdom confirming—

(1) that B was refused admission to a refuge;

(2) the date on which B was refused admission to the refuge; and

(3) that B sought admission to the refuge because of allegations of abuse by A.

Section 16 Evidence

A letter from a public authority confirming that B was assessed as being a victim of domestic abuse by A (or a copy of that assessment).

Section 17 Evidence

Evidence which the court is satisfied demonstrates that B has been the victim of domestic abuse by A in the form of abuse which relates to economic matters.