abusers banned from cross-examining victims under
Domestic Abuse Act
hundreds of independent lawyers already signed up to take
on this role instead
new expenses policy to help more sign up and attend
courts across the country
Hundreds of lawyers signed up to be Qualified Legal
Representatives after the landmark Domestic Abuse Act banned
abusers from interrogating their victims in family and civil
courts.
Cross-examination is, instead, carried out by these
court-appointed legal professionals, to ensure that justice is
done fairly for both sides and reduce the risk of victims being
retraumatised.
To encourage more lawyers to join, they will now be able to claim
for travel to hearings up and down the country. Previously no
expenses were available but lawyers will now be able to claim up
to £180 for their travel and up to £161 per day for other
expenses, including hotel stays and food.
Minister for Victims and Safeguarding, , said:
It takes unimaginable strength to bring your abuser to court
which is why our Domestic Abuse Act provides vital protections,
preventing vile ex-partners from cross-examining those they have
tormented.
Today’s changes will incentivise more legal professionals to take
up these important roles ensuring no victim feels unsafe in the
pursuit of justice.
Domestic Abuse Commissioner, Nicole Jacobs, said:
In my Family Court report I called for greater funding for the
Qualified Legal Representative scheme, and I am delighted that
government have committed to this today.
I hope to see an uptake following this announcement, and look
forward to continuing my work with government to improve the
Family Court’s response to domestic abuse.
The measures in the Act followed concerns that domestic abuse
perpetrators were using the process as a means of extending their
abuse and victims were being retraumatised by their experiences
in family and civil court.
Full details of the expenses policy will be set out in guidance
when the policy comes into force on 2 January 2024.
To make it as easy as possible for domestic abuse victims to
bring their attackers to court, the government has pledged an
additional £25 million per year to expand legal aid so victims on
universal credit seeking a protective order for themselves or
their children against their attackers can access legal aid
funding without facing a means test.
This followed recommendations made by the ‘Harm Panel’ to better
safeguard vulnerable people against domestic abuse in family
courts. Other changes the government has introduced in response
to the report include:
- pioneering pilot at family courts in North Wales and Dorset
to improve information sharing between agencies such as the
police, local authorities and the courts and give a greater voice
to children at every stage of the process.
- automatic special measures for victims such as protective
screens and giving evidence via video link
- clarifying the law on ‘barring orders’, to prevent
perpetrators from bringing their ex-partners back to court, which
can be used as a form of continuing domestic abuse.
Notes to editors
