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Hi all,
Reading online, I came across this article in the law gazette referring to a draft bill that prevents cross examining of spouses when there are allegations of domestic abuse.
Is anyone familiar with this? I was wondering what would happen in the event that the Respondent does not have a barrister to conduct the cross examination?
Not something I am familiar with, but certainly does raise an interesting point. Not sure whether the court would be able to answer this if you rang them.
The article states that Judges can use their power to prevent the cross examination. I would like to think that there would have to be very serious allegations with some background (previous convictions etc) before the order preventing cross examination could be used.
I’ve not had much luck with contacting the courts. The call handlers can’t seem to offer anything beyond what’s written on their screens and the delay in correspondence at the court I’m dealing with is at 42 days at present
Here’s some further info, it’s not quite as cut and dried as it first seems, they can instruct a legal representative to take care of the cross examination, but with the cuts to Family law there may not be the funds to cover this adequately. Also, asking someone to come in just to ask the questions, without being given leave to understand the details of the case.
I would assume that the judge would take over cross examination, this is done now for litigants that are very nervous etc
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