Mandatory requirements for judges to ascertain & record abuse
The definition of ‘domestic abuse’ to be applied by judges has been expanded by Sir James Munby, President of the Family Division, in a Practice Direction for dealing with vulnerable witnesses.
The revised Practice Direction 12J (PD12J), which was subject to a consultation in the past year, comes into force on 2 October 2017 and applies to all judges, including lay justices, whether in the Family Court or the High Court.
The main change is an expanded definition of what is now referred to as ‘domestic abuse’ rather than ‘domestic violence’.
PD12J also sets mandatory requirements on judges to ascertain and record matters regarding domestic abuse at certain points in the justice process.
Sir James said further adjustment would be required if the proposed legislation restricting cross-examination of alleged victims by alleged perpetrators is enacted. He said, however, that he decided to press on immediately with the revisions, since ‘we cannot await that’.
‘Domestic abuse in all its many forms, and whether directed at women, at men, or at children, continues, more than 40 years after the enactment of the Domestic Violence and Matrimonial Proceedings Act 1976, to be a scourge on our society,’ Sir James said.
Family law solicitor David Burrows said: ‘The disappointing aspect of the PD is it suggests that domestic abuse occurs only in child contact cases. The equivalent of this is needed across all family proceedings; and the revision of the PD—to cover all proceedings where domestic abuse occurs, please—is awaited when the promised cross-examination of complainants by alleged abusers comes in.’
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