[F1 PART 7A E+W Civil proceedings: prohibition of cross-examination in person

Textual Amendments

F1 Pt. 7A inserted (21.7.2022) by Domestic Abuse Act 2021 (c. 17), ss. 66, 90(6); S.I. 2022/840, regs. 1(2), 2(b) (with reg. 3)

85F Prohibition of cross-examination in person: victims of offences E+W

(1) In civil proceedings, no party to the proceedings who has been convicted of, or given a caution for, a specified offence may cross-examine in person a witness who is the victim of that offence.

(2) In civil proceedings, no party to the proceedings who is the victim of a specified offence may cross-examine in person a witness who has been convicted of, or given a caution for, that offence.

(3) Subsections (1) and (2) do not apply to a conviction or caution that is spent for the purposes of the Rehabilitation of Offenders Act 1974, unless evidence in relation to the conviction or caution is admissible in, or may be required in, the proceedings by virtue of section 7(2), (3) or (4) of that Act.

(4) Cross-examination in breach of subsection (1) or (2) does not affect the validity of a decision of the court in the proceedings if the court was not aware of the conviction or caution when the cross-examination took place.

(5) In this section—

• “caution” means—

  (a)

  in the case of England and Wales—

  (i)

  a conditional caution given under section 22 of the Criminal Justice Act 2003,

  (ii)

  a youth conditional caution given under section 66A of the Crime and Disorder Act 1998, or

  (iii)

  any other caution given to a person in England and Wales in respect of an offence which, at the time the caution is given, the person has admitted;

  (b)

  in the case of Scotland, anything corresponding to a caution falling within paragraph (a) (however described) which is given to a person in respect of an offence under the law of Scotland;

  (c)

  in the case of Northern Ireland—

  (i)

  a conditional caution given under section 71 of the Justice Act (Northern Ireland) 2011, or

  (ii)

  any other caution given to a person in Northern Ireland in respect of an offence which, at the time the caution is given, the person has admitted;

• “conviction” means—

  (a)

  a conviction by or before a court in England and Wales, Scotland or Northern Ireland;

  (b)

  a conviction in service disciplinary proceedings (in England and Wales, Scotland, Northern Ireland, or elsewhere), including—

  (i)

  in the case of proceedings in respect of a service offence, anything that under section 376(1) and (2) of the Armed Forces Act 2006 (which relates to summary hearings and the Summary Appeal Court) is to be treated as a conviction for the purposes of that Act, and

  (ii)

  in the case of any other service disciplinary proceedings, a finding of guilt in those proceedings;

  (c)

  a finding in any criminal proceedings (including a finding linked with a finding of insanity) that the person concerned has committed an offence or done the act or made the omission charged;

  and “convicted” is to be read accordingly;

• “service disciplinary proceedings” means—

  (a)

  any proceedings (whether or not before a court) in respect of a service offence (except proceedings before a civilian court within the meaning of the Armed Forces Act 2006);

  (b)

  any proceedings under the Army Act 1955, the Air Force Act 1955, or the Naval Discipline Act 1957 (whether before a court-martial or before any other court or person authorised under any of those Acts to award a punishment in respect of an offence);

  (c)

  any proceedings before a Standing Civilian Court established under the Armed Forces Act 1976;

• “service offence” means—

  (a)

  a service offence within the meaning of the Armed Forces Act 2006, or

  (b)

  an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059);

• “specified offence” means an offence which is specified, or of a description specified, in regulations made by the Lord Chancellor.

(6) The following provisions (which deem a conviction of a person discharged not to be a conviction) do not apply for the purposes of this section to a conviction of a person for an offence in respect of which an order has been made discharging the person absolutely or conditionally—

(a) section 14 of the Powers of Criminal Courts (Sentencing) Act 2000;

(b) section 82 of the Sentencing Code;

(c) section 187 of the Armed Forces Act 2006 or any corresponding earlier enactment.

(7) For the purposes of this section “offence” includes an offence under a law that is no longer in force.]