2022 No. 568

Civil Proceedings
Family Proceedings
Senior Courts Of England And Wales

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

Made

Laid before Parliament

Coming into force in accordance with regulation 1(2)

The Lord Chancellor, in exercise of the powers conferred by sections 31R(5), 31S(4), 31T(3) and (4) and 31Z(1)(b) of the Matrimonial and Family Proceedings Act 19841, and sections 85F(5), 85G(4), 85H(3) and (4), 85N and 108(6) of the Courts Act 20032 makes the following Regulations:

Citation, commencement, interpretation and extent1

1

These Regulations may be cited as the Prohibition of Cross-Examination in Person (Civil and Family Proceedings) Regulations 2022.

2

These Regulations come into force on the day on which and immediately after sections 65 and 66 of the Domestic Abuse Act 20213 come into force.

3

In these Regulations—

  • “the 1984 Act” means the Matrimonial and Family Proceedings Act 1984;

  • “the 2003 Act” means the Courts Act 2003.

4

These Regulations extend to England and Wales.

Specified offences2

The offences, including those under laws which are no longer in force, in the tables in Schedule 1 are specified offences for the purposes of—

1

section 31R(5) of the 1984 Act; and

2

section 85F(5) of the 2003 Act.

Protective injunctions3

The injunctions, orders and interdicts in the tables in Schedule 2 are protective injunctions for the purposes of—

1

section 31S(4) of the 1984 Act; and

2

section 85G(4) of the 2003 Act.

Specified evidence4

1

Subject to paragraph (2), the forms of evidence described in Schedule 3 are specified evidence for the purposes of—

a

section 31T(3) and (4) of the 1984 Act; and

b

section 85H(3) and (4) of the 2003 Act.

2

The evidence must show that domestic abuse has occurred between the party to the proceedings and the witness.

James CartlidgeParliamentary Under Secretary of StateMinistry of Justice

SCHEDULE 1Specified offences

Regulation 2

Table 1 – Offences under the law of England and Wales

Offence (England and Wales)

Statutory provision or other law (England and Wales)

Kidnapping

Common law

False imprisonment

Common law

Perverting the course of public justice

Common law

Murder/manslaughter (of a child)

Common law

Incitement (pre 1st October 2008) in relation to:

(a) an indictable offence listed in this table; and

(b) the offence of murder

Common law

Aiding, abetting, counselling or procuring the commission of:

(a) an indictable offence listed in this table; or

(b) the offence of attempted murder

Section 8 of the Accessories and Abettors Act 1861 (c. 94 (24 & 25 Vict))

Conspiring or soliciting to commit murder

Section 4 of the Offences Against the Person Act 1861 (c. 100 (24 & 25 Vict))

Threats to kill

Section 16 of the Offences against the Person Act 1861

Shooting or attempting to shoot, or wounding, with intent to do grievous bodily harm or to resist apprehension

Section 18 of the Offences against the Person Act 1861

Inflicting bodily injury with or without weapon

Section 20 of the Offences against the Person Act 1861

Attempting to choke, etc. in order to commit or assist in the committing of any indictable offence

Section 21 of the Offences against the Person Act 1861

Using chloroform etc to commit or assist in the committing of any indictable offence

Section 22 of the Offences against the Person Act 1861

Maliciously administering poison, etc. so as to endanger life or inflict grievous bodily harm

Section 23 of the Offences against the Person Act 1861

Maliciously administering poison, etc. with intent to injure, aggrieve, or annoy any other person

Section 24 of the Offences Against the Person Act 1861

Exposing child whereby life is endangered or health permanently injured

Section 27 of the Offences against the Person Act 1861

Causing gunpowder to explode, or sending to any person an explosive substance, or throwing corrosive fluid on a person, with intent to do grievous bodily harm

Section 29 of the Offences against the Person Act 1861

Assault occasioning bodily harm - common assault

Section 47 of the Offences against the Person Act 1861

Child destruction

Section 1 of the Infant Life (Preservation) Act 1929 (c. 34 (19 & 20 Geo 5))

Cruelty to persons under sixteen

Section 1 of the Children and Young Persons Act 1933 (c.12 (23 & 24 Geo 5))

Allowing persons under 16 to be in brothels

Section 3 of the Children and Young Persons Act 1933

Causing or allowing persons under 16 to be used for begging

Section 4 of the Children and Young Persons Act 1933

Giving intoxicating liquor to children under 5

Section 5 of the Children and Young Persons Act 1933

Scandalous Conduct of Officer

Section 64 of the Army Act 1955

(c. 18 (3 & 4 Eliz 2))

Disgraceful Conduct

Section 66 of the Army Act 1955

Offences of attempts and aiding and abetting in respect of an offence under sections 64, 66 or 69 Army Act 1955

Sections 68 and 68A of the Army Act 1955

Conduct to the Prejudice of Military Discipline

Section 69 of the Army Act 1955

Civil offences where the corresponding offence under the law of England and Wales is listed in this table

Section 70 of the Army Act 1955

Scandalous Conduct of Officer

Section 64 of the Air Force Act 1955

(c. 19 (3 & 4 Eliz 2))

Disgraceful Conduct

Section 66 of the Air Force Act 1955

Offences of attempts and aiding and abetting in respect of an offence under sections 64, 66 or 69 Air Force Act 1955

Sections 68 and 68A of the Air Force Act 1955

Conduct to the Prejudice of Air Force Discipline

Section 69 of the Air Force Act 1955

Civil offences where the corresponding offence under the law of England and Wales is listed in this table

Section 70 of the Air Force Act 1955

Rape

Section 1 of the Sexual Offences Act 1956

(c. 69 (4 & 5 Eliz 2))

Procurement of woman by threats

Section 2 of the Sexual Offences Act 1956

Administering drugs to obtain or facilitate intercourse

Section 4 of the Sexual Offences Act 1956

Intercourse with girl under 13

Section 5 of the Sexual Offences Act 1956

Intercourse with girl between 13 and 16

Section 6 of the Sexual Offences Act 1956

Buggery

Section 12 of the Sexual Offences Act 1956

Indecent assault on a woman

Section 14 of the Sexual Offences Act 1956

Indecent assault on a man

Section 15 of the Sexual Offences Act 1956

Fighting or Quarrelling

Section 13 of the Naval Discipline Act 1957

(c. 53 (5 & 6 Eliz 2))

Cruelty or Scandalous Conduct by Officers

Section 36 of the Naval Discipline Act 1957

Disgraceful Conduct

Section 37 of the Naval Discipline Act 1957

Conduct to the prejudice of naval discipline

Section 39 of the Naval Discipline Act 1957

Offence of attempts and aiding and abetting in respect of an offence under sections 13, 36, 37 or 39 Naval Discipline Act 1957

Sections 40 and 41 of the Naval Discipline Act 1957

Civil offences where the corresponding offence under the law of England & Wales is listed in this table

Section 42 of the Naval Discipline Act 1957

Indecent conduct towards young child

Section 1 of the Indecency with Children Act 1960 (c. 33 (8 & 9 Eliz 2))

Procuring a miscarriage

Section 5(2) of the Abortion Act 1967 (c. 87)

Theft

Section 7 of the Theft Act 1968 (c. 60)

Blackmail

Section 21 of the Theft Act 1968

Destroying or damaging property

Section 1 of the Criminal Damage Act 1971 (c. 48)

Threats to destroy or damage property

Section 2 of the Criminal Damage Act 1971

The offence of conspiracy in relation to:

(a) an indictable offence listed in this table; and

(b) the offence of murder

Section 1 of the Criminal Law Act 1977 (c. 45)

Violence for securing entry

Section 6 of the Criminal Law Act 1977

Inciting girl under 16 to have incestuous sexual intercourse (pre-2004)

Section 54 of the Criminal Law Act 1977

Indecent photos of children

Section 1 of the Protection of Children Act 1978 (c. 37)

Attempting to commit an offence in relation to:

(a) an indictable offence listed in this table; and

(b) the offence of murder

Section 1 of the Criminal Attempts Act 1981 (c. 47)

Abduction of child by parent, etc

Section 1 of the Child Abduction Act 1984 (c. 37)

Abduction of child by other persons (not parent, etc)

Section 2 of the Child Abduction Act 1984

Affray

Section 3 of the Public Order Act 1986 (c. 64)

Fear or provocation of violence

Section 4 of the Public Order Act 1986

Intentional harassment, alarm or distress

Section 4A of the Public Order Act 1986

Harassment, alarm or distress

Section 5 of the Public Order Act 1986

Offence of sending letters etc. with intent to cause distress or anxiety

Section 1 of the Malicious Communications Act 1988 (c. 27)

Common assault and battery

Section 39 of the Criminal Justice Act 1988 (c. 33)

Possession of indecent photos of child

Section 160 of the Criminal Justice Act 1988

Intimidation etc. of witnesses, jurors and others

Section 51 of the Criminal Justice and Public Order Act 1994 (c. 33)

Breach of non-molestation order

Section 42A of the Family Law Act 1996 (c. 27)

Breach of forced marriage protection order

Section 63CA of the Family Law Act 1996

Harassment

Section 2 of the Protection from Harassment Act 1997 (c. 40)

Stalking

Section 2A of the Protection from Harassment Act 1997

Putting people in fear of violence

Section 4 of the Protection from Harassment Act 1997

Stalking involving fear of violence or serious alarm or distress

Section 4A of the Protection from Harassment Act 1997

Offences committed outside the United Kingdom (putting people in fear of violence or stalking involving fear of violence etc)

Section 4B of the Protection from Harassment Act 1997

Breach of a restraining order

Section 5 of the Protection from Harassment Act 1997

Abduction of children in care etc

Section 49 of the Children Act 1989 (c. 41)

Racially or religiously aggravated assault

Section 29 of the Crime & Disorder Act 1998 (c. 37)

Racially or religiously aggravated criminal damage

Section 30 of the Crime & Disorder Act 1998

Racially or religiously aggravated public order offences

Section 31 of the Crime & Disorder Act 1998

Racially or religiously aggravated harassment etc

Section 32 of the Crime & Disorder Act 1998

Improper use of public electronic communications network

Section 127 of the Communications Act 2003 (c. 21)

Rape

Section 1 of the Sexual Offences Act 2003 (c. 42)

Assault by penetration

Section 2 of the Sexual Offences Act 2003

Sexual assault

Section 3 of the Sexual Offences Act 2003

Causing a person to engage in sexual activity without consent

Section 4 of the Sexual Offences Act 2003

Rape of a child under 13

Section 5 of the Sexual Offences Act 2003

Assault of a child under 13 by penetration

Section 6 of the Sexual Offences Act 2003

Sexual assault of a child under 13

Section 7 of the Sexual Offences Act 2003

Causing or inciting a child under 13 to engage in sexual activity

Section 8 of the Sexual Offences Act 2003

Sexual activity with a child

Section 9 of the Sexual Offences Act 2003

Causing or inciting a child to engage in sexual activity

Section 10 of the Sexual Offences Act 2003

Engaging in sexual activity in the presence of a child

Section 11 of the Sexual Offences Act 2003

Causing a child to watch a sexual act

Section 12 of the Sexual Offences Act 2003

Child sex offences committed by children or young persons

Section 13 of the Sexual Offences Act 2003

Arranging or facilitating commission of a child sex offence

Section 14 of the Sexual Offences Act 2003

Meeting a child following sexual grooming etc

Section 15 of the Sexual Offences Act 2003

Sexual Communication with a child

Section 15A of the Sexual Offences Act 2003

Abuse of position of trust: sexual activity with child

Section 16 of the Sexual Offences Act 2003

Abuse of position of trust: causing or inciting a child to engage in sexual activity

Section 17 of the Sexual Offences Act 2003

Abuse of position of trust: sexual activity in the presence of a child

Section 18 of the Sexual Offences Act 2003

Abuse of position of trust: causing a child to watch a sexual act

Section 19 of the Sexual Offences Act 2003

Sexual activity with a child family member

Section 25 of the Sexual Offences Act 2003

Inciting a child family member to engage in sexual activity

Section 26 of the Sexual Offences Act 2003

Paying for sexual services of a child

Section 47 of the Sexual Offences Act 2003

Causing or inciting child prostitution or pornography

Section 48 of the Sexual Offences Act 2003

Controlling a child in relation to sexual exploitation

Section 49 of the Sexual Offences Act 2003

Arranging or facilitating sexual exploitation of a child

Section 50 of the Sexual Offences Act 2003

Causing or inciting prostitution for gain

Section 52 of the Sexual Offences Act 2003

Controlling prostitution for gain

Section 53 of the Sexual Offences Act 2003

Trafficking into the UK for sexual exploitation

Section 57 of the Sexual Offences Act 2003

Trafficking within the UK for sexual exploitation

Section 58 of the Sexual Offences Act 2003

Trafficking out of the UK for sexual exploitation

Section 59 of the Sexual Offences Act 2003

Administering a substance with intent

Section 61 of the Sexual Offences Act 2003

Committing an offence with intent to commit a sexual offence

Section 62 of the Sexual Offences Act 2003

Trespass with intent to commit a sexual offence

Section 63 of the Sexual Offences Act 2003

Offence of voyeurism

Section 67 of the Sexual Offences Act 2003

Female genital mutilation

Section 1 of the Female Genital Mutilation Act 2003 (c. 31)

Assisting girl to mutilate own genitalia

Section 2 of the Female Genital Mutilation Act 2003

Assisting a non-UK person to mutilate overseas a girl’s genitalia

Section 3 of the Female Genital Mutilation Act 2003

Failure to protect a girl from risk of female genital mutilation

Section 3A of the Female Genital Mutilation Act 2003

Breach of a Female Genital Mutilation protection order

Section 5A and paragraph 4 of Schedule 2 to the Female Genital Mutilation Act 2003

Trafficking people for exploitation

Section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19)

Causing or allowing child or vulnerable adult to suffer serious physical harm or death

Section 5 of the Domestic Violence, Crime and Victims Act 2004 (c. 28)

Fighting or threatening behaviour

Section 21 of the Armed Forces Act 2006 (c. 52)

Disgraceful conduct of a cruel or indecent kind

Section 23 of the Armed Forces Act 2006

Offence of attempt, encouraging and assisting, and aiding and abetting in respect of an offence under sections 21 or 23 Armed Forces Act 2006

Sections 39 to 41 of the Armed Forces Act 2006

Offence of criminal conduct where the corresponding offence under the law of England & Wales is listed in this table

Section 42 of the Armed Forces Act 2006

Offence of attempt, conspiring, encouraging and assisting, and aiding and abetting in respect of a relevant offence under section 42 Armed Forces Act 2006 (criminal conduct where the corresponding offence under the law of England and Wales is listed in this table)

Sections 43 to 47 of the Armed Forces Act 2006

Encouraging or assisting an offence (inchoate offences) in relation to:

(a) an indictable offence listed in this table; and

(b) the offence of murder

Section 44 to 46 of the Serious Crime Act 2007 (c. 27)

Possession of extreme pornographic images

Section 63 of the Criminal Justice and Immigration Act 2008 (c. 4)

Possession of prohibited images of children

Section 62 of the Coroners and Justice Act 2009 (c. 25)

Offence of forced marriage

Section 121 of the Anti-social Behaviour, Crime and Policing Act 2014 (c.12 )

Slavery, servitude and forced or compulsory labour, or human trafficking (or committing offence with intent to commit such an offence)

Sections 1, 2 and 4 of the Modern Slavery Act 2015 (c. 30)

Disclosing (or threatening to disclose) private sexual photographs and films with intent to cause distress

Section 33 of the Criminal Justice and Courts Act 2015 (c. 2)

Strangulation or suffocation

Section 75A of the Serious Crime Act 2015 (c. 9)

Strangulation or suffocation committed outside the United Kingdom

Section 75B of the Serious Crime Act 2015

Controlling or coercive behaviour in an intimate or family relationship

Section 76 of the Serious Crime Act 2015

Controlling or coercive behaviour in an intimate or family relationship committed outside the United Kingdom

Section 76A of the Serious Crime Act 2015

Breach of stalking protection order etc

Section 8 of the Stalking Protection Act 2019 (c. 9)

Breach of domestic abuse protection order

Section 39 of the Domestic Abuse Act 2021 (c. 17)

Table 2 – Offences under the law of Scotland

Offence (Scotland)

Statutory provision or other law (Scotland)

Rape

Common law

Theft

Common law

Extortion

Common law

Malicious mischief

Common law

Threats to destroy or damage property

Common law

Threats to kill

Common law

Common assault (and aggravated assault)

Common law

Indecent assault

Common law

Theft of child under the age of puberty (plagium)

Common law

Breach of the peace

Common law

Attempt to pervert the course of justice

Common law

Clandestine injury to women

Common law

Abduction

Common law

Perverting the course of public justice

Common law

Cruel and unusual treatment (but only if offence is in relation to a child)

Common law

Murder/manslaughter (of a child)

Common law

Sodomy (of a child)

Common law

Lewd, indecent or libidinous practice or behaviour (towards a child)

Common law

The offence of conspiracy in relation to:

(a) an indictable offence listed in this table; and

(b) the offence of murder

Common law

Cruelty to persons under sixteen

Section 12 of the Children and Young Persons (Scotland) Act 1937 (c. 37)

Causing or allowing persons under 16 to be used for begging

Section 15 of the Children and Young Persons (Scotland) Act 1937

Giving exciseable liquor to children under 5

Section 16 of the Children and Young Persons (Scotland) Act 1937

Exposing children under 7 to risk of burning

Section 22 of the Children and Young Person (Scotland) Act 1937 section 22

Procuring a miscarriage

Section 5(2) of the Abortion Act 1967

Indecent photographs etc. of children

Section 52 of the Civic Government (Scotland) Act 1982 (c. 45)

Possession of indecent photographs of children

Section 52A of the Civic Government (Scotland) Act 1982

Offence in Scotland of parent, etc. taking or sending child out of United Kingdom

Section 6 of the Child Abduction Act 1984

Incest (but only applicable if offence is in relation to child family members)

Section 1 of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)

Intercourse with step-child

Section 2 of the Criminal Law (Consolidation) (Scotland) Act 1995

Intercourse of person in position of trust with child under 16 (pre 2010)

Section 3 of the Criminal Law (Consolidation) (Scotland) Act 1995

Intercourse with girl under 16 (pre-2010)

Section 5 of the Criminal Law (Consolidation) (Scotland) Act 1995

Indecent behaviour towards girl between 12 and 16 (pre-2010)

Section 6 of the Criminal Law (Consolidation) (Scotland) Act 1995

Procuring

Section 7 of the Criminal Law (Consolidation) (Scotland) Act 1995

Abduction & unlawful detention

Section 8 of the Criminal Law (Consolidation) (Scotland) Act 1995

Trading in prostitution and brothel-keeping

Section 11 of the Criminal Law (Consolidation) (Scotland) Act 1995

Allowing child to be in brothel

Section 12 of the Criminal Law (Consolidation) (Scotland) Act 1995

Racially aggravated harassment

Section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995

Vandalism

Section 52 of the Criminal Law (Consolidation) (Scotland) Act 1995

Statutory offences: art and part and aiding and abetting in relation to:

(a) an indictable offence listed in this table; and

(b) the offence of attempted murder

Section 293 of the Criminal Procedure (Scotland) Act 1995 (c. 46)

Attempt at crime in relation to:

(a) an indictable offence listed in this table; and

(b) the offence of murder

Section 294 of the Criminal Procedure (Scotland) Act 1995

Breach of non-harassment order

Section 9 of the Protection from Harassment Act 1997

Offences racially aggravated in relation to:

(a) an indictable offence listed in this table; and

(b) the offence of murder

Section 96 of the Crime and Disorder Act 1998

Improper use of public electronic communications network

Section 127 of the Communications Act 2003

Traffic in prostitution etc

Section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7)

Offences aggravated by religious prejudice in relation to:

(a) an indictable offence listed in this table; and

(b) the offence of murder

Section 74 of the Criminal Justice (Scotland) Act 2003

Trafficking people for exploitation

Section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004

Meeting a child following certain preliminary contact

Section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)

Paying for sexual services of a child

Section 9 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

Causing or inciting provision by child of sexual services or child pornography

Section 10 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

Controlling a child providing sexual services or involved in pornography

Section 11 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

Arranging or facilitating provision by child of sexual services or child pornography

Section 12 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

Female genital mutilation

Section 1 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005 (asp 8)

Aiding & abetting female genital mutilation

Section 3 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005

Offence of female genital mutilation: extra-territorial acts

Section 4 of the Prohibition of Female Genital Mutilation (Scotland) Act 2005

Rape

Section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9)

Assault by penetration

Section 2 of the Sexual Offences (Scotland) Act 2009

Sexual assault

Section 3 of the Sexual Offences (Scotland) Act 2009

Sexual coercion

Section 4 of the Sexual Offences (Scotland) Act 2009

Administering a substance for sexual purposes

Section 11 of the Sexual Offences (Scotland) Act 2009

Rape of a young child

Section 18 of the Sexual Offences (Scotland) Act 2009

Sexual assault on a young child by penetration

Section 19 of the Sexual Offences (Scotland) Act 2009

Sexual assault on a young child

Section 20 of the Sexual Offences (Scotland) Act 2009

Causing a young child to participate in sexual activity

Section 21 of the Sexual Offences (Scotland) Act 2009

Causing a young child to be present during a sexual activity

Section 22 of the Sexual Offences (Scotland) Act 2009

Causing a young child to look at a sexual image

Section 23 of the Sexual Offences (Scotland) Act 2009

Communicating indecently with a young child etc.

Section 24 of the Sexual Offences (Scotland) Act 2009

Sexual exposure to a young child

Section 25 of the Sexual Offences (Scotland) Act 2009

Voyeurism towards a young child

Section 26 of the Sexual Offences (Scotland) Act 2009

Having intercourse with an older child

Section 28 of the Sexual Offences (Scotland) Act 2009

Engaging in penetrative sexual activity with or towards an older child

Section 29 of the Sexual Offences (Scotland) Act 2009

Engaging in sexual activity with or towards an older child

Section 30 of the Sexual Offences (Scotland) Act 2009

Causing an older child to participate in sexual activity

Section 31 of the Sexual Offences (Scotland) Act 2009

Causing an older child to be present during a sexual activity

Section 32 of the Sexual Offences (Scotland) Act 2009

Causing an older child to look at a sexual image

Section 33 of the Sexual Offences (Scotland) Act 2009

Communicating indecently with an older child etc

Section 34 of the Sexual Offences (Scotland) Act 2009

Sexual exposure to an older child

Section 35 of the Sexual Offences (Scotland) Act 2009

Voyeurism towards an older child

Section 36 of the Sexual Offences (Scotland) Act 2009

Older children engaging in sexual activity with each other

Section 37 of the Sexual Offences (Scotland) Act 2009

Sexual abuse of trust

Section 42 of the Sexual Offences (Scotland) Act 2009

Offences committed outside the United Kingdom: adult victims

Section 54D of the Sexual Offences (Scotland) Act 2009

Offences committed outside the United Kingdom: child victims

Section 55 of the Sexual Offences (Scotland) Act 2009

Threatening or abusive behaviour

Section 38 Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)

Offence of stalking

Section 39 of the Criminal Justice and Licensing (Scotland) Act 2010

Offence of stalking committed outside the United Kingdom

Section 39A of the Criminal Justice and Licensing (Scotland) Act 2010

Breach of forced marriage protection order

Section 9 of the Forced Marriage etc (Protection and Jurisdiction) (Scotland) Act 2011 (asp 15)

Breach of domestic abuse interdict with power of arrest

Section 2 of the Domestic Abuse (Scotland) Act 2011 (asp 13)

Offence of forced marriage or forced civil partnership

Section 122 of the Anti-social Behaviour, Crime and Policing Act 2014

Human Trafficking

Section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)

Offence of female genital mutilation: extra-territorial acts

Section 70 of the Serious Crime Act 2015

Aggravation of offence where abuse of partner or ex-partner

Section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22)

Disclosing, or threatening to disclose, an intimate photograph or film

Section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016

Any offence where the aggravation at section 1 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 has been proven

Abusive Behaviour and Sexual Harm (Scotland) Act 2016

Abusive behaviour towards partner or ex-partner

Section 1 of the Domestic Abuse (Scotland) Act 2018 (asp 5)

Breach of domestic abuse protection notice

Section 7 of the Domestic Abuse (Protection) (Scotland) Act 2021 (asp 16)

Breach of domestic abuse protection order or interim domestic abuse protection order

Section 17 of the Domestic Abuse (Protection) (Scotland) Act 2021

Table 3 – Offences under the law of Northern Ireland

Offence (Northern Ireland)

Statutory provision or other law (Northern Ireland)

Abducting a girl under 18 with intent to marry

Common Law

Affray

Common Law

Burglary with intent to commit rape

Common law

False imprisonment

Common Law

Kidnapping

Common Law

Murder/manslaughter (of a child)

Common law

Rape

Common law

Aiding, abetting, counselling, or procuring the commission of:

(a) an indictable offence listed in this table; or

(b) the offence of attempted murder

Section 8 of the Accessories and Abettors Act 1861

Conspiring or soliciting to commit murder

Section 4 of the Offences Against the Person Act 1861

Threats to kill

Section 16 of the Offences against the Person Act 1861

Shooting or attempting to shoot, or wounding, with intent to do grievous bodily harm

Section 18 of the Offences against the Person Act 1861

Inflicting bodily injury with or without weapon

Section 20 of the Offences against the Person Act 1861

Attempting to choke, etc. in order to commit any indictable offence

Section 21 of the Offences against the Person Act 1861

Using chloroform etc to commit or assist in the committing of any indictable offence

Section 22 of the Offences against the Person Act 1861

Maliciously administering poison, etc. so as to endanger life or inflict grievous bodily harm

Section 23 of the Offences against the Person Act 1861

Maliciously administering poison, etc. with intent to injure, aggrieve, or annoy any other person

Section 24 of the Offences against the Person Act 1861

Exposing children whereby life is endangered or health permanently injured

Section 27 of the Offences against the Person Act 1861

Causing gunpowder to explode or sending to any person an explosive substance, or throwing corrosive fluid on a person, with intent to do grievous bodily harm

Section 29 of the Offences against the Person Act 1861

Common assault and battery

Section 42 of the Offences against the Person Act 1861

Assault occasioning bodily harm

Section 47 of the Offences against the Person Act 1861

Rape

Section 48 of the Offences against the Person Act 1861

Indecent assault on a woman (pre-2009)

Section 52 of the Offences against the Person Act 1861

Buggery

Section 61 of the Offences against the Persons Act 1861

Indecent assault on a man

Section 62 of the Offences against the Person Act 1861

Procurement of woman by threats (pre-2008)

Section 3(1) of the Criminal Law Amendment Act 1885 (c. 69)

Administering drugs to obtain or facilitate intercourse

Section 3(3) of the Criminal Law Amendment Act 1885

Intercourse with girl under 13

Section 4 of the Criminal Law Amendment Act 1885

Defilement of girl between 13 and 16 years of age

Section 5 of the Criminal Law Amendment Act 1885

Offence of infanticide

Section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (N.I)

Child destruction

Section 25 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15) (N.I)

Allowing persons under 16 to be in brothels

Section 14 of the Children and Young Persons Act (Northern Ireland) 1950 (c. 5) (N.I)

Causing or allowing persons under 16 to be used for begging

Section 15 of the Children and Young Persons Act (Northern Ireland) 1950

Giving intoxicating liquor to children under 5

Section 16 of the Children and Young Persons Act (Northern Ireland) 1950

Indecent assault with intent to commit rape (pre-2009)

Section 2 of the Attempted Rape, etc, Act (Northern Ireland) 1960 (c. 3)

Allowing persons under 16 to be in brothels

Section 3 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34) (N.I)

Cruelty to persons under sixteen

Section 20 of the Children and Young Persons Act (Northern Ireland) 1968

Indecent conduct towards young child

Section 22 of the Children & Young Persons Act (Northern Ireland) 1968

Causing or allowing persons under 16 to be used for begging

Section 24 of the Children and Young Persons Act (Northern Ireland) 1968

Giving intoxicating liquor to children under 5

Section 25 of the Children and Young Persons Act (Northern Ireland) 1968

Theft

Section 1 of the Theft Act (Northern Ireland) 1969 (c. 16)

Burglary

Section 9 of the Theft Act (Northern Ireland) 1969

Blackmail

Section 20 of the Theft Act (Northern Ireland) 1969

Destroying or damaging property

Article 3 of the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426) (N.I. 4)

Threats to destroy or damage property

Article 4 of the Criminal Damage (Northern Ireland) Order 1977

Indecent photographs of children

Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047) (N.I. 17)

Inciting girl under sixteen to have incestuous sexual intercourse

Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (S.I. 1980/704) (N.I. 6)

Attempting to commit an offence in relation to:

(a) an indictable offence listed in this table; or

(b) the offence of murder

Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120) (N.I. 13)

Abduction of child by parent

Article 3 of the Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638) (N.I. 17)

Abduction of child by other persons

Article 4 of the Child Abduction (Northern Ireland) Order 1985

Offence of sending letters etc. with intent to cause distress or anxiety

Article 3 of the Malicious Communications (Northern Ireland) Order 1988 (S.I. 1988/1849) (N.I. 18)

Possession of indecent photographs of child

Article 15 of the Criminal Justice (Evidence etc.) (Northern Ireland) Order 1988 (S.I.1988/1847) (N.I. 17)

Abduction of children in care etc

Article 68 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755) (N.I. 2)

Intimidation, etc., of witnesses, jurors and others

Article 47 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160) (N.I. 24)

Intimidation by force threats or menaces

Section 1 of the Protection of the Person and Property Act (Northern Ireland) 1969 (c. 29)

Harassment

Article 4 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180) (N.I. 9)

Putting people in fear of violence

Article 6 of the Protection from Harassment (Northern Ireland) Order 1997

Contravention of:

- a non-molestation order;

- (where a non-molestation order is in force) an occupation order or an order under Article 18;

- an exclusion requirement including by virtue of Article 57A of the Children (Northern Ireland) Order 1995 in an interim care order made under Article 57 of that Order; or

- an exclusion requirement included by virtue of Article 63A of the Children (Northern Ireland) Order 1995 in an emergency protection order made under Article 63 of that Order

Article 25(a) and (b) of the Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071) (N.I. 6)

Abuse of position of trust

Section 3 of the Sexual Offences (Amendment) Act 2000 (c. 44)

Rape

Article 18 of the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247) (N.I. 13)

Buggery

Article 19 of the Criminal Justice (Northern Ireland) Order 2003

Indecent assault on a man

Article 21 of the Criminal Justice (Northern Ireland) Order 2003

Improper use of public electronic communications network

Section 127 of the Communications Act 2003

Trafficking into the UK for sexual exploitation

Section 57 of the Sexual Offences Act 2003

Trafficking within the UK for sexual exploitation

Section 58 of the Sexual Offences Act 2003

Trafficking out of the UK for sexual exploitation

Section 59 of the Sexual Offences Act 2003

Female genital mutilation

Section 1 of the Female Genital Mutilation Act 2003

Assisting girl to mutilate own genitalia

Section 2 of the Female Genital Mutilation Act 2003

Assisting a non-UK person to mutilate overseas a girl’s genitalia

Section 3 of the Female Genital Mutilation Act 2003

Breach of a Female Genital Mutilation protection order

Section 5A and paragraph 21 of Part 2 of Schedule 2 to the Female Genital Mutilation Act 2003

Trafficking people for exploitation

Section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004

Breach of forced marriage protection order

Paragraph 7 of Part 2 of Schedule 1 to the Forced Marriage (Civil Protection) Act 2007 (c. 20)

Encouraging or assisting an offence (inchoate offences) in relation to:

(a) an indictable offence listed in this table; or

(b) the offence of murder

Sections 44 to 46 of the Serious Crime Act 2007

Possession of extreme pornographic images

Section 63 of the Criminal Justice and Immigration Act 2008

Rape

Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769) (N.I. 2)

Assault by penetration

Article 6 of the Sexual Offences (Northern Ireland) Order 2008

Sexual assault

Article 7 of the Sexual Offences (Northern Ireland) Order 2008

Causing a person to engage in sexual activity without consent

Article 8 of the Sexual Offences (Northern Ireland) Order 2008

Rape of a child under 13

Article 12 of the Sexual Offences (Northern Ireland) Order 2008

Assault of a child under 13 by penetration

Article 13 of the Sexual Offences (Northern Ireland) Order 2008

Sexual assault of a child under 13

Article 14 of the Sexual Offences (Northern Ireland) Order 2008

Causing or inciting a child under 13 to engage in sexual activity

Article 15 of the Sexual Offences (Northern Ireland) Order 2008

Sexual activity with a child

Article 16 of the Sexual Offences (Northern Ireland) Order 2008

Causing or inciting a child to engage in sexual activity

Article 17 of the Sexual Offences (Northern Ireland) Order 2008

Engaging in sexual activity in the presence of a child

Article 18 of the Sexual Offences (Northern Ireland) Order 2008

Causing a child to watch a sexual act

Article 19 of the Sexual Offences (Northern Ireland) Order 2008

Sexual offences against children committed by children or young persons

Article 20 of the Sexual Offences (Northern Ireland) Order 2008

Arranging or facilitating commission of a sex offence against a child

Article 21 of the Sexual Offences (Northern Ireland) Order 2008

Meeting a child following sexual grooming etc

Article 22 of the Sexual Offences (Northern Ireland) Order 2008

Sexual communication with a child

Article 22A of the Sexual Offences (Northern Ireland) Order 2008

Communicating with a person with a view to grooming a particular child

Article 22B of the Sexual Offences (Northern Ireland) Order 2008

Communicating with a group with a view to grooming a particular child

Article 22C of the Sexual Offences (Northern Ireland) Order 2008

Abuse of position of trust: sexual activity with child

Article 23 of the Sexual Offences (Northern Ireland) Order 2008

Abuse of position of trust: causing or inciting a child to engage in sexual activity

Article 24 of the Sexual Offences (Northern Ireland) Order 2008

Abuse of position of trust: sexual activity in the presence of a child

Article 25 of the Sexual Offences (Northern Ireland) Order 2008

Abuse of position of trust: causing a child to watch a sexual act

Article 26 of the Sexual Offences (Northern Ireland) Order 2008

Sexual activity with a child family member

Article 32 of the Sexual Offences (Northern Ireland) Order 2008

Inciting a child of the family to engage in sexual activity

Article 33 of the Sexual Offences (Northern Ireland) Order 2008

Paying for sexual services of a child

Article 37 of the Sexual Offences (Northern Ireland) Order 2008

Causing or inciting child prostitution or pornography

Article 38 of the Sexual Offences (Northern Ireland) Order 2008

Controlling a child prostitute or a child involved in pornography

Article 39 of the Sexual Offences (Northern Ireland) Order 2008

Arranging or facilitating child pornography

Article 40 of the Sexual Offences (Northern Ireland) Order 2008

Causing or inciting prostitution for gain

Article 62 of the Sexual Offences (Northern Ireland) Order 2008

Controlling prostitution for gain

Article 63 of the Sexual Offences (Northern Ireland) Order 2008

Administering a substance with intent to commit a sexual offence

Article 65 of the Sexual Offences (Northern Ireland) Order 2008

Committing an offence with intent to commit a sexual offence

Article 66 of the Sexual Offences (Northern Ireland) Order 2008

Trespass with intent to commit a sexual offence

Article 67 of the Sexual Offences (Northern Ireland) Order 2008

Voyeurism

Article 71 of the Sexual Offences (Northern Ireland) Order 2008

Voyeurism: additional offences (genitals and buttocks)

Article 71A of the Sexual Offences (Northern Ireland) Order 2008

Voyeurism: additional offences (breasts)

Article 71B of the Sexual Offences (Northern Ireland) Order 2008

Sending etc an unwanted sexual image

Article 72A of the Sexual Offences (Northern Ireland) Order 2008

Possession of prohibited images of children

Section 62 of the Coroners and Justice Act 2009

Slavery, servitude and forced or compulsory labour

Section 1 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2)

Human trafficking

Section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

Committing offence with intent to commit offence under section 1 or 2 of the Act

Section 4 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

Offence of forced marriage

Section 16 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015

Disclosing private sexual photographs and films with intent to cause distress

Section 51 of the Justice Act (Northern Ireland) 2016 (c. 21)

Offence of domestic abuse

Section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (c. 2)

Offence of non-fatal strangulation or asphyxiation

Section 28 of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (c. 19)

Offence of stalking

Section 1 of the Protection from Stalking Act (Northern Ireland) 2022 (c. 17)

Offence of threatening or abusive behaviour

Section 2 of the Protection from Stalking Act (Northern Ireland) 2022

Offence of breaching order

Section 13 of the Protection from Stalking Act (Northern Ireland) 2022

SCHEDULE 2Protective injunctions

Regulation 3

Table 1 – Protective injunctions and other orders under the law of England and Wales

Protective injunctions (England and Wales)

Statutory provision or other law (England and Wales)

Injunction

Common law

Occupation order

Sections 33, 35, 36, 37 or 38 of the Family Law Act 1996

Non-molestation order

Section 42 of the Family Law Act 1996

Forced marriage protection order or interim forced marriage protection order

Section 63A of the Family Law Act 1996

Injunction

Section 3A of the Protection from Harassment Act 1997

Restraining order

Section 5A of the Protection from Harassment Act 1997

Female genital mutilation protection order

Paragraph 1 of Schedule 2 to the Female Genital Mutilation Act 2003

Sexual harm prevention order

Section 103A of the Sexual Offences Act 2003

Service restraining order

Section 229 of the Armed Forces Act 2006

Violent offender order

Section 98 of the Criminal Justice and Immigration Act 2008 (c. 4)

Domestic violence protection order

Section 28 of the Crime and Security Act 2010 (c. 17)

Stalking protection order or interim stalking protection order

Section 1 or 5 of the Stalking Protection Act 2019

Criminal behaviour order

Section 330 of the Sentencing Act 2020 (c. 17)

Sexual harm prevention order

Sections 343 and 345 of the Sentencing Act 2020

Restraining order

Sections 359 and 360 of the Sentencing Act 2020

Domestic abuse protection order

Section 28 or 31 of the Domestic Abuse Act 2021

Table 2 – Protective interdicts and other orders under the law of Scotland

Protective interdicts (Scotland)

Statutory provision or other law (Scotland)

Common law interdict

Common law

Exclusion order

Section 4 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59)

Matrimonial interdict

Section 14 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981

Domestic interdict

Section 18A of the Matrimonial Homes (Family Protection) (Scotland) Act 1981

Non-harassment order

Section 234A of the Criminal Procedure (Scotland) Act 1995

Non-harassment order

Section 8 or 8A of the Protection from Harassment Act 1997

Exclusion order

Section 104 of the Civil Partnership Act 2004 (c. 33)

Interdict for civil partners

Section 114 of the Civil Partnership Act 2004

Female genital mutilation protection order

Section 5A of the Prohibition of Female Genital Mutilation (Scotland) Act 2005

Risk of sexual harm order

Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005

Service restraining order

Section 229 of the Armed Forces Act 2006

Forced marriage protection order or interim forced marriage protection order

Section 1 or 5 of the Forced Marriage etc (Protection and Jurisdiction) (Scotland) Act 2011

Interdict that has been determined to be a domestic abuse interdict

Section 3 of the Domestic Abuse (Scotland) Act 2011

Table 3 – Protective injunctions and other orders under the law of Northern Ireland

Protective injunctions (Northern Ireland)

Statutory provision or other law (Northern Ireland)

Injunction

Common law

Restraining injunction

Article 5 of the Protection from Harassment (Northern Ireland) Order 1997

Restraining order

Article 7 or 7A of the Protection from Harassment (Northern Ireland) Order 1997

Occupation order

Articles 11 or 13 to 16 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998

Non-molestation order

Article 20 of the Family Homes and Domestic Violence (Northern Ireland) Order 1998

Female genital mutilation protection order

Paragraph 18 of Part 2 of Schedule 2 to the Female Genital Mutilation Act 2003

Sexual offences prevention order

Section 104 of the Sexual Offences Act 2003

Risk of sexual harm order

Section 123 of the Sexual Offences Act 2003

Service restraining order

Section 229 of the Armed Forces Act 2006

Forced marriage protection order or interim forced marriage protection order

Section 2 and paragraph 1 of Schedule 1 to the Forced Marriage (Civil Protection) Act 2007

Violent offences prevention order

Sections 55 to 57 of the Justice Act (Northern Ireland) 2015 (c. 9)

Stalking protection order or interim stalking protection order

Sections 7 or 11 of the Protection from Stalking Act (Northern Ireland) 2022

SCHEDULE 3Specified evidence

Regulation 4

Interpretation1

For the purposes of this Schedule—

  • “A” means the person who committed, or was alleged to have committed, domestic abuse against B;

  • “appropriate health professional” means—

    1. a

      a medical practitioner licensed to practise by the General Medical Council;

    2. b

      a health professional who is registered to practise in the United Kingdom by—

      1. i

        the Nursing and Midwifery Council;

      2. ii

        the General Dental Council; or

    3. c

      a paramedic, practitioner psychologist, radiographer or social worker registered to practise in the United Kingdom by the Health and Care Professions Council;

  • “B” means the person who was the victim, or alleged victim, of domestic abuse committed by A;

  • “expert report” means a report by a person qualified to give expert advice on all or most of the matters that are the subject of the report;

  • “housing association” has the same meaning as in section 1(1) of the Housing Associations Act 19854;

  • “local authority” means—

    1. a

      in relation to England, a county council, district council, a London borough council, the Court of Common Council of the City of London, or the Council of the Isles of Scilly;

    2. b

      in relation to Wales, a county council, county borough council or community council; or

    3. c

      in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 19945; or

    4. d

      in relation to Northern Ireland, a district council established in accordance with section 1 of the Local Government Act (Northern Ireland) 19726;

  • “protective injunction” means an injunction, order or interdict specified in Schedule 2 to these Regulations;

  • “public authority” has the same meaning as in section 6 of the Human Rights Act 19987;

  • “refuge” means—

    1. a

      a refuge established for the purpose of providing accommodation for victims of, or those at risk of, domestic abuse; or

    2. b

      a residential home established and maintained by a public body for any other purpose that also provides accommodation to the victims of, or those at risk of, domestic abuse.

Evidence

2

Evidence of a court order binding over A in connection with a specified offence.

3

A domestic violence protection notice issued and currently in force against A for the protection of B under section 24 of the Crime and Security Act 20108.

4

A domestic abuse protection notice issued and currently in force against A for the protection of B under section 22 of the Domestic Abuse 20219.

5

An undertaking given in England and Wales under section 46 or 63E of the Family Law Act 199610 (or given in Scotland or Northern Ireland in place of a protective interdict or injunction) by A for the protection of B, provided that a cross-undertaking relating to domestic abuse was not given by B.

6

A copy of a finding of fact, made in proceedings in the United Kingdom, that there has been domestic abuse between A and B.

7

An expert report produced as evidence in proceedings in the United Kingdom for the benefit of a court or tribunal confirming that B was assessed as being a victim of domestic abuse by A.

8

A letter or report from an appropriate health professional confirming that that professional, or another appropriate health professional—

1

has examined B in person, following a report of domestic abuse by A; and

2

in the reasonable professional judgement of the author or the examining appropriate health professional, B has, or has had, injuries or a condition consistent with being a victim of domestic abuse.

9

A letter or report from—

1

the appropriate health professional who made the referral described below;

2

an appropriate health professional who has access to the medical records of B; or

3

the person to whom the referral described below was made;

confirming that there was a referral by an appropriate health professional of B, following a report of domestic abuse by A, to a person who provides specialist support or assistance for victims of, or those at risk of, domestic abuse.

10

A letter from any person who is a member of a multi-agency risk assessment conference (or other suitable local safeguarding forum) confirming that B has experienced domestic abuse by A.

11

A letter from an independent domestic violence advisor confirming that they are providing, or have provided, support to B, following a report of domestic abuse by A.

12

A letter from an independent sexual violence advisor confirming that they are providing, or have provided, support to B relating to domestic abuse of a sexual nature by A.

13

A letter from an officer employed by a local authority or housing association (or their equivalent in Scotland or Northern Ireland) for the purpose of supporting tenants containing—

1

a statement to the effect that, in their reasonable professional judgement, B is a victim of domestic abuse by A;

2

a description of the matters relied upon to support that judgement; and

3

a description of the support they provided to B.

14

1

A letter from an organisation providing domestic violence or support services.

2

The letter must confirm that the organisation—

a

is situated in the United Kingdom;

b

has been operating for an uninterrupted period of 6 months or more; and

c

provided B with support in relation to their needs as a victim of domestic abuse by A.

3

The letter must contain—

a

a statement to the effect that, in the reasonable professional judgement of the author of the letter, B is a victim of domestic abuse by A;

b

a description of the matters relied upon to support that judgement;

c

a description of the support provided to B; and

d

a statement of the reasons why B needed that support.

15

A letter or report from an organisation providing domestic abuse support services in the United Kingdom confirming—

1

that B was refused admission to a refuge;

2

the date on which B was refused admission to the refuge; and

3

that B sought admission to the refuge because of allegations of abuse by A.

16

A letter from a public authority confirming that B was assessed as being a victim of domestic abuse by A (or a copy of that assessment).

17

Evidence which the court is satisfied demonstrates that B has been the victim of domestic abuse by A in the form of abuse which relates to economic matters.

EXPLANATORY NOTE

(This note is not part of the Regulations)

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.