Domestic Violence Act 2018
|
Protection against cross-examination by applicant or respondent | ||
|
16. (1) Where— | ||
(a) an application is made to a court for a specified order, | ||
(b) a person under the age of 18 years is to give evidence, and | ||
(c) the applicant or respondent proposes to cross-examine the person referred to in paragraph (b) personally, | ||
the court shall direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or respondent to conduct the cross-examination personally. | ||
(2) Where— | ||
(a) an application is made to a court for a specified order, | ||
(b) a person who has attained the age of 18 years (being the applicant for the specified order, an aggrieved person under section 11 , a dependent person or the respondent to that application) is to give evidence, and | ||
(c) the applicant or respondent proposes to cross-examine the person referred to in paragraph (b) personally, | ||
the court may direct that the applicant or the respondent, as the case may be, may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require the applicant or respondent to conduct the cross- examination personally. | ||
(3) Where an applicant or respondent, as the case may be, is prevented from cross-examining a witness by virtue of subsection (1) or (2), the court shall— | ||
(a) invite the applicant or respondent to arrange for a legal representative to act for him or her for the purpose of cross-examining the witness, and | ||
(b) require the applicant or respondent to notify the court, by the end of such period as it may specify, as to whether a legal representative is to act for him or her for that purpose. | ||
(4) If by the end of the period referred to in subsection (3)(b), the applicant or respondent has notified the court that no legal representative is to act for him or her for the purpose of cross-examining the witness or no notification has been received by the court and it appears to the court that no legal representative is to so act, the court shall consider whether it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose. | ||
(5) If the court decides under subsection (4) that it is necessary, in the interests of justice, for the witness to be cross-examined by a legal representative appointed to act for the applicant or respondent for that purpose, the court shall appoint a legal representative (chosen by the court) to cross-examine the witness on behalf of the applicant or respondent. |