(This note is not part of the Order)
These rules make provision in respect of proceedings in the magistrates’ court for applications for Domestic Violence Protection Orders (DVPOs) under the Crime and Security Act 2010 (c.17) (the 2010 Act).
Rule 4 disapplies section 2(1) of the Civil Evidence Act 1995 (c.38) (the 1995 Act), which requires parties proposing to adduce hearsay evidence in civil proceedings to give notice of the proposal.
Rule 5 amends rule 2 of the Magistrates’ Courts (Hearsay Evidence in Civil Proceedings) Rules 1999 (SI 1999/681) (the 1999 Rules) to exclude the 1999 rules in respect of applications for DVPOs. The 1999 Rules make further provision concerning hearsay evidence, including the contents of hearsay notices (rule 3), the procedure to call witnesses for cross-examination on hearsay evidence (rule 4), credibility and the use of previous inconsistent statements (rule 5) and the service of documents (rule 6).
The provisions under the 1995 Act and 1999 Rules have been respectively disapplied or excluded because they are either incompatible with the procedures prescribed for applying for DVPOs under the 2010 Act or else cease to have effect in consequence of the disapplication or exclusion of other of these provisions.
Section 27 of the 2010 Act provides that an application for a DVPO must be made by complaint to the magistrates’ court. Rule 6 prescribes the procedure to be followed in such circumstances.