Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021

Prohibition of cross-examination in person N.I.

24—(1) The Criminal Evidence (Northern Ireland) Order 1999 is amended as follows.

(2) After Article 22 insert—

“Complainants in proceedings involving domestic abuse

22A   No person charged with an offence involving domestic abuse (see Article 3A) may in any criminal proceedings cross-examine in person a witness who is the complainant, either—

(a) in connection with that offence, or

(b) in connection with any other offence (of whatever nature) with which that person is charged in the proceedings.”.

(3) In Article 23 (child complainants and other child witnesses)—

(a) in paragraph (3), after sub-paragraph (cc) insert—

“(cd) an offence involving domestic abuse (see Article 3A);”,

(b) in paragraph (4)(a), for “or (cc)” substitute “ , (cc) or (cd) ”.

(4) In Article 24 (direction prohibiting accused from cross-examining particular witness)—

(a) in paragraph (1), for “neither of Articles 22 and 23” substitute “ none of Articles 22, 22A and 23 ”,

(b) in paragraph (3)(e)—

(i) after “Article”, where it first occurs, insert “ 22A or ”, and

(ii) after “22” insert “ , 22A ”.

(5) In Article 26(1) (defence representation for purposes of cross-examination), after “22,” insert “ 22A, ”.

(6) In Article 27(1) (warning to jury), after “22,” insert “ 22A, ”.

Commencement Information

I1 S. 24 in operation at 21.2.2022 by S.R. 2022/57, art. 2(x)