Domestic Violence Victims: Cross-Examination

Part of the debate – in the House of Commons at 3:38 pm on 9 January 2017.

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Photo of Oliver Heald Oliver Heald The Minister of State, Ministry of Justice 3:38, 9 January 2017

I am very grateful to Peter Kyle for the chance to update the House on an important issue. To put this in context, the issues at stake in family proceedings are always sensitive and often complex, and the decisions of the court can have far-reaching implications for the individuals involved. The presence of domestic abuse only exacerbates an already traumatic situation, and so the Government have already taken steps to make sure that victims in the family justice system have support and protection. We have protected legal aid for individuals seeking protection from abusers. We continue to invest in the court estate to improve the physical security of family courts and the emotional support available for users. We have placed particular emphasis on training for those who work in the family justice system, making sure they understand the nature and impact of domestic abuse and that they act appropriately when they come across it.

However, we know that there is more to do. As my colleague the Under-Secretary of State for Justice, my hon. Friend Dr Lee, made clear when this was debated in Parliament on 15 September, the Government are determined to improve the family justice response to domestic abuse, and we have worked closely with judges and others to consider what additional protections may be necessary. We are particularly concerned about the fact that unrepresented perpetrators of abuse can directly cross-examine their victims in family proceedings. I want to make family court processes safer for victims so they can themselves advocate effectively and for the safety of their children. This cannot happen while a quarter of domestic violence victims face cross-examination by their abusers.

The Lord Chancellor has requested urgent advice on how to put an end to this practice. This sort of cross-examination is illegal in the criminal courts, and I am determined to see it banned in family courts, too. We are considering the most effective and efficient way of making that happen. That will help family courts to concentrate on the key concerns for the family and always to put the children’s interests first, which is what they are supposed to do. This work, which is being fast-tracked within the Department, is looking in particular at the provisions in the criminal law that prevent alleged perpetrators from cross-examining their alleged victims in criminal proceedings, and we are considering how we might apply similar provisions in the slightly different circumstances of family proceedings.

Members will appreciate that such a proposal requires thought, but we want to resolve the matter as soon as possible. We will make further details available shortly, once the work is complete. I want to thank the president of the family division, Sir James Munby, who has argued passionately that this practice should be outlawed for good.