The head of the Family Division has called for a bar on victims of domestic violence being cross-examined by the alleged perpetrators in court, criticising ministers’ ‘slow response’ to the pressing need for reform.
In a statement published on the judiciary’s website, division president Sir James Munby repeated his concern over the fact that people accused of domestic violence are able to cross-examine their alleged victims. The practice is not permitted in criminal courts.
Munby said: ‘Reform is required. 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.’
With reform required ‘as a matter of priority’, Munby was ‘disappointed by how slow the response to these issues has been’. He welcomed ‘continuing’ efforts by domestic violence charity Women’s Aid ‘to bring these important matters to wider public attention’.
Munby’s statement was issued following an investigation by the Guardian newspaper which revealed women were being forced to face questioning in the family courts by men who had abused them.
However, the president first highlighted concerns in 2014, setting up a working group to look at the issue of children and vulnerable witnesses giving evidence in family proceedings.
He said last week: ‘I have made clear my view that the family justice system lags woefully behind the criminal justice system.’
Munby added that he will make decisions on Mr Justice Cobb’s review of practice direction 12J – which deals with child arrangements orders in cases involving alleged domestic violence and harm – ‘early’ this year.
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