(a) making a direction prohibiting the cross-examination in person of the witness or (d) the matters set out at section 31U(5).ģ.5 The court may make a direction under section 31U of the 1984 Act of its own motion or following an application made by a party to the proceedings under Part 18.ģ.6 The court must, in its order, give reasons for (c) why it would not be contrary to the interests of justice for the court to give the direction and (ii) the “significant distress condition” (see section 31U(3)) (i) the “quality condition” (see section 31U(2)) (a) why none of sections 31R to 31T of the 1984 Act apply to automatically prohibit cross-examination in person of the witness by the party ģ.4 The application for a direction must address. Relevant application forms are available from the HMCTS form finder service at. Court Directions Regarding Cross-Examination In Personģ.1 The court must consider whether a party is automatically prohibited from cross-examining in person a witness under sections 31R to 31T of the 1984 Act, or, if not, whether to make a direction prohibiting a party from cross-examining in person a witness under section 31U of the 1984 Act.ģ.2 The court’s consideration under paragraph 3.1 must be as soon as possible after the start of proceedings and continues until the conclusion of the proceedings.ģ.3 An application for a direction under section 31U of the 1984 Act may be made orally or in writing, and if in writing, must be on the relevant court form. (b) must only be completed by the party specified by the court orģ. (a) must be completed at any stage in the proceedings If the court is informed or it appears to the court that such circumstances have arisen (or may arise) in relation to proceedings before it, the court must consider what directions, if any, to make (whether or not the court has made one or more participation directions).Ģ.2 Subject to paragraph 2.3, for the purposes of paragraph 2.1, the parties must complete Form EX740 or Form EX741 when the court directs that the proceedings be listed for a hearing where oral evidence may be given.Ģ.3 The court may direct that Form EX740 or Form EX741. On or after the day on which section 65 comes into force.ġ.6 Part 4B of the 1984 Act (which comprises sections 31Q to 31Z) was inserted by section 65 of the Domestic Abuse Act 2021 and is set out at Annex B to this Practice Direction.ġ.7 Section 31Q of the 1984 Act defines “witness” as including a party to the proceedings and section 31W(8)(b) defines “qualified legal representative”.ġ.8 In this Practice Direction, “domestic abuse” has the same meaning as in sections 1 and 2 of the Domestic Abuse Act 2021.Ģ. Raising the Issue of Automatic Prohibition of Cross-Examination in PersonĢ.1 Sections 31R, 31S and 31T of the 1984 Act set out the circumstances in which a party in family proceedings is automatically prohibited from cross-examining in person a witness. (b) involving or relating to those proceedings (b) the court gives a direction prohibiting a party from cross-examining (or continuing to cross-examine) in person a witness under section 31U of the 1984 Act.ġ.5 The provisions of this Practice Direction do not apply in relation to family proceedings which were started before the day on which section 65 of the Domestic Abuse Act 2021 comes into force including any application made. (a) a party is automatically prohibited from cross-examining in person a witness under sections 31R, 31S or 31T of the 1984 Act or Rules About Applications and Orders Made on Court’s Own Initiativeġ.1 Part 3A FPR and Practice Direction 3AA make provision in relation to vulnerable persons (parties and witnesses), including protected parties, in family proceedings.ġ.2 Part 12 FPR and Practice Direction 12B make provision in relation to children and Practice Direction 12J makes provision in relation to parties or children who have experienced domestic abuse perpetrated by another party or where there is a risk of such abuse, in family proceedings.ġ.3 In applying the provisions of this Practice Direction, the court and the parties must also have regard to all other relevant rules and Practice Directions and in particular those referred to in Annex A to this Practice Direction.ġ.4 This Practice Direction applies where, in family proceedings. Termination of Appointment of Court-Appointed Qualified Legal Representative Qualified Legal Representative Appointed by the CourtĬourt Directions to Court-Appointed Qualified Legal Representative Revocation of Court Direction given under Section 31U of the 1984 ActĪlternative Means to Cross-Examination In Person Raising the Issue of Automatic Prohibition of Cross-Examination in PersonĬourt Directions Regarding Cross-Examination In Person
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