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Monday 5 June 2017

DOMESTIC ABUSE AND CROSS EXAMINATION

For quite some time, as J.P.s and criminal lawyers well know, in cases of domestic abuse, still awaiting classification as a dedicated offence, defendants are prevented from directly cross examining a complainant. In such matters a legally aided lawyer, if there is no representation, under s.38 will be tasked with that function.   With that in mind it seems odd that a High Court judge has declared his reaction insofar as he appears to be declaring his interpretation of the law in his own design.

 Perhaps this can be explained by somebody with more knowledge than I.
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3 comments:

  1. Anonymous5 June 2017 at 18:47

    The provisions for a legal aid lawyer to undertake the cross-examination only apply in the criminal courts, not in civil or family courts. If the alleged abuser is not eligible for legal aid (and he usually isn't) he has to conduct the cross-examination himself.

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  2. Anonymous5 June 2017 at 19:01

    From mention of Caffcass it would seem that this is a civil case and the cross examination prohibitions appply in criminal cases only . I stand to be corrected but there was some intention to extend this prohibition to the cicvil courts as well but it would seem not done as yet?

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  3. The Justice of the Peace5 June 2017 at 19:53

    Thank you Anonymous x2

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