Consultation on forms of evidence of domestic abuse that should trigger an automatic prohibition on cross-examination in person in family proceedings

Overview

The Department of Justice is consulting on forms of evidence of domestic abuse that should trigger an automatic prohibition of cross-examination in person in family courts.

The Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 makes provision, still to be commenced, to protect a victim of domestic abuse from being cross-examined by the perpetrator in person in family proceedings and vice versa. An automatic prohibition on cross-examination in person will apply in specific circumstances and this consultation seeks views on what forms of evidence of domestic abuse, in addition to those already provided for in the legislation, should trigger the automatic prohibition. These will be specificed in secondary legislation.

We would welcome views from everyone with an interest in the family justice system. However, we would particularly welcome the views of victims of domestic abuse who have been involved in family proceedings, people who have represented themselves in family proceedings, and professionals, organisations and others who may be asked to provide evidence on behalf of a victim of domestic abuse.

We intend to publish a summary of responses on our website upon completion of the consultation process. However, any contact details, which will identify a respondent as a private individual, will be removed prior to publication.

Why your views matter

The consultation is required to inform the drafting of regulations to specify the evidence of domestic abuse that will trigger an automatic prohibition and flows from a commitment given at the legislative stage of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 to consult on this issue.

The consultation document, response questionnaire and impact assessments can also be viewed on the Department of Justice's website at:

https://www.justice-ni.gov.uk/consultations/consultation-evidence-domestic-abuse-family-courts

What happens next

We intend to publish a summary of responses on our website upon completion of the consultation process. However, any contact details, which will identify a respondent as a private individual, will be removed prior to publication.