Explanatory Memorandum

Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021

2021 CHAPTER 2

1 March 2021

Commentary on Sections

Part 1, Chapter 3 – Miscellaneous Provision

Section 24: Prohibition of cross-examination in person

This section amends the Criminal Evidence (Northern Ireland) Order 1999, the effect of which is to prohibit the accused from cross-examining a partner/connected person in person, where they are to give evidence.  This applies in relation to the domestic abuse offence under section 1, as well as any other offence (for example, criminal damage, assault, grievous bodily harm, threats to damage property or threats to kill, etc.) where there is a specification that it is aggravated by reason of involving domestic abuse (under section 15).

This section is tied to Section 25 which sets out the meaning of an offence involving domestic abuse.