Cross-examination of witnesses in person45A

1

A respondent may not cross-examine a witness in person where the alleged misconduct is—

a

conduct of a sexual nature towards the witness, or

b

conduct towards the witness which took place when the witness was a child.

2

A respondent may not cross-examine a witness in person where it appears to the tribunal—

a

that the quality of evidence given by the witness would be likely to be diminished if the cross-examination were conducted by the respondent in person and would be likely to be improved if a direction under this Rule were to be given, and

b

that it would not be contrary to the interests of justice to give such a direction.

3

The Designated Officer may apply in writing to the Chair using form 8 in the Schedule for a direction that paragraph (2) applies in relation to the witness specified in the application; and the Designated Officer must send or deliver a copy of the application to the respondent at the same time as the application is made to the Chair.

4

The respondent may, within 14 days of receiving a copy of an application under paragraph (3), make representations in writing to the Chair using form 9 in the Schedule; and the respondent must send or deliver a copy of the representations to the Designated Officer at the same time as the representations are made to the Chair.

5

In determining an application under paragraph (3), the Chair must have regard to—

a

any views expressed by the witness as to whether the witness is content to be cross-examined by the respondent in person,

b

the nature of the questions likely to be asked, in light of the issues in the proceedings,

c

whether there has been any relationship between the witness and the respondent and, if so, the nature of that relationship, and

d

any other relevant circumstances.

6

Where the Chair is satisfied that paragraph (1)(a) or (b) or (2) applies in relation to a witness, the Chair must—

a

give a direction to that effect,

b

invite the respondent to arrange for a legal representative to act for the purpose of cross-examining the witness in question, and

c

give a direction that the respondent must notify the Registrar of Tribunals by the end of the period specified in the direction whether a legal representative is to act for the respondent by cross-examining the witness in question.

7

If, by the end of the period specified under paragraph (6)(c), the respondent has not given the notification to the Registrar of Tribunals—

a

the Chair must consider whether it is in the interests of justice for the witness to be cross-examined, and

b

if the Chair considers that it is, the tribunal must appoint a legal representative to cross-examine the witness.

8

A person appointed under paragraph (7)(b) is appointed to act in the interests of the respondent but is not responsible to the respondent.