Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Meta Title :President of the Family Division issues statement on cross-examination of vulnerable people
Meta Keywords :family law, vulnerable witness, practice direction 12J, mr justice cobb, reform
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Jan 3, 2017, 04:10 AM
Article ID :113532
On 30 December 2016, Sir James Munby, President of the Family Division issued a statement on cross-examination of vulnerable people. The statement reads as follows:
'I have been raising since 2014 the pressing need to reform the way in which vulnerable people give evidence in family proceedings. I have made clear my view that the family justice system lags woefully behind the criminal justice system.
I have expressed particular concern about the fact that alleged perpetrators are able to cross-examine their alleged victims, something that, as family judges have been pointing out for many years, would not be permitted in a criminal court. Reform is required as a matter of priority. I would welcome a bar. But the judiciary cannot provide this, because it requires primary legislation and would involve public expenditure. It is therefore a matter for ministers. I am disappointed by how slow the response to these issues has been and welcome the continuing efforts by Women’s Aid to bring these important matters to wider public attention.
I am currently considering the review of Practice Direction 12J undertaken by Mr Justice Cobb, who met with Women’s Aid during the course of his review. I expect to make decisions on the review early in the New Year.'