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(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.
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