New rules designed to end the cross-examination of domestic abuse victims by their alleged attackers in court have been cautiously welcomed by a Shropshire lawyer.
The Government has unveiled an enhanced version of the Domestic Abuse Bill, which proposes a range of changes, such as expanding the definition of domestic abuse and banning alleged abusers cross-examining victims in court.
Under a pilot, any court costs for police applying for domestic abuse protection orders and notices will be funded by the Government. Councils in England will be required to provide support and safe accommodation for victims and their children.
Sue Hodgson, Head of Family Law at Lanyon Bowdler Solicitors in Shropshire, said whilst the updated bill was to be welcomed, there were times when victims needed to be cross-examined – and procedures were already in place to protect them.
She said: “Whilst it is extremely important for the family courts to be accessible and safe for any victim of domestic abuse, sadly often the only way the court will have evidence – rather than allegations – of domestic abuse is after a fact-finding hearing has taken place.
“The basis of any contested hearing is for the court to hear evidence and for that evidence to be tested. That will necessarily involve cross-examination of any witness.
“The family courts already have provision for special measures to be applied which protect any party who alleges domestic abuse from cross-examination by the other party if they are representing themselves, and in my experience the court uses these powers whenever necessary.
“The issue will be whether there are sufficient resources for the government to fund the court costs of the police and the support they are promising for the victims. Will this be provided prior to the evidence being tested or afterwards?”
