In his Review, Mr Justice Cobb has made recommendations for changes to the Practice Direction relating to arrangements for Children and Contact Orders where there is Domestic Violence and Harm involved. In particular, he has recommended that the Rules concerning cross-examination of alleged victims of domestic violence by an unrepresented alleged perpetrator should be banned. Sir Oliver Heald, the Justice Minister, has backed the Review and has indicated that the Government will introduce primary legislation to ban such cross-examination.
It will seem inconceivable to some that the Rules allow alleged perpetrators who are not legally represented to cross-examine the alleged victim of domestic violence. Women’s Aid highlighted greater awareness of this problem.
Sir James Munby in his view from the President’s Chambers (the 16th) published on 20th January 2017, gives a history of this issue together with the publication of Mr Justice Cobb’s Review.
There are a number of key revisions that will change the Practice Direction and it has been welcomed across the Family law community.
However, at the heart of the problem may be the lack of legal aid. In my days of practising legal aid, getting such funding for Respondent’s was a rarity – you simply could not get it as the merits of the case did not justify the expense – The Legal Aid Board seemed to be Judge and Jury before the Trial even took place.
Is this going to restrict the alleged perpetrators right to a fair trial? If they had legal aid, then such alleged perpetrators would never have to cross examine the alleged victims as they could be legally represented and get a fair trial. Legal Aid vanishing overnight is impacting on everyone in the Justice System and this is just another example.
Anthony Jones is Head of Family Law and is a Resolution Accredited Specialist. For more information or a second opinion, please contact him on 0161 641 4555 or email anthony@odonnellsolicitors.co.uk
