OpenLegislation

Section 85H Prohibition of cross-examination in person: evidence of domestic abuseF1

(1)

In civil proceedings, where specified evidence is adduced that a person who is a witness has been the victim of domestic abuse carried out by a party to the proceedings, that party to the proceedings may not cross-examine the witness in person.

(2)

In civil proceedings, where specified evidence is adduced that a person who is a party to the proceedings has been the victim of domestic abuse carried out by a witness, that party may not cross-examine the witness in person.

(3)

In this section—

  • “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021;

  • “specified evidence” means evidence specified, or of a description specified, in regulations made by the Lord Chancellor.

(4)

Regulations under subsection (3) may provide that any evidence which satisfies the court that domestic abuse, or domestic abuse of a specified description, has occurred is specified evidence for the purposes of this section.

Annotations

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)