UK Offence Report

The Prohibition of Cross-Examination in Person (Civil and Family Proceedings) Regulations 2022

UK Statutory Instrument 2022 No. 568 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
18 May 2022
In force from
Not determined
Extent
Not stated
Subject
Courts, police, prisons and the administration of justice
Made under
Courts Act 2003, Matrimonial and Family Proceedings Act 1984

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

Sections 65 and 66 of the Domestic Abuse Act 2021 (c. 17) introduce new Part 4A into the Matrimonial and Family Proceedings Act 1984 and new Part 7A into the Courts Act 2003, respectively. Those provisions operate in family and civil proceedings to prohibit cross-examination in person between a party and a witness in defined circumstances, including where there is evidence of domestic abuse between them. The prohibition will apply automatically where there has been a conviction, charge (applicable in family proceedings only) or caution for a specified offence, where an on-notice protective injunction is in force between the party and witness or where there is other specified evidence of domestic abuse. These Regulations specify the types of offences, protective injunctions and forms of evidence which will trigger the automatic prohibition of cross-examination in person between the party and witness. Regulation 2 introduces Schedule 1 to the Regulations which contains a list of the specified offences, under the law of England and Wales (table 1), Scotland (table 2) and Northern Ireland (table 3). Regulation 3 introduces Schedule 2 to the Regulations which contains a list of the specified protective injunctions, orders and interdicts under the law of England and Wales (table 1), Scotland (table 2) and Northern Ireland (table 3). Regulation 4(1) introduces Schedule 3 to the Regulations which contains a list of the forms of evidence of domestic abuse which are specified. Regulation 4(2) requires that the evidence show that there has been domestic abuse between the party and the witness. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure
Made negative — law unless a motion to stop it succeeded
Could either House amend it?
No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.
Committee
Drawn to the special attention of the Houses by a scrutiny committee

Procedural history

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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