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Courts Act 2003
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- UK Public General Acts
- 2003 c. 39
- PART 7A
- Section 85K
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Courts Act 2003, Section 85K is up to date with all changes known to be in force on or before 03 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 75(6) inserted by 2022 c. 35 Sch. 4 para. 3(2)
- s. 76(2B) inserted by 2010 c. 26 Sch. 3 para. 14 (This amendment not applied to legislation.gov.uk. Sch. 3 Pt. 2 repealed (4.9.2013) without ever being in force by 2013 c. 22, s. 17(4) ; S.I. 2013/2200 art. 2(a))
- s. 81(6) inserted by 2022 c. 35 Sch. 4 para. 3(3)
- s. 85EA(5) words substituted by 2022 c. 32 Sch. 11 para. 29
- Sch. 5 para. 13(1)(ca) inserted by 2013 c. 22 s. 26(3)
Commencement Orders yet to be applied to the Courts Act 2003
Commencement Orders bringing provisions within this Act into force:
- S.I. 2005/547 art. 2 commences (2003 c. 39)
[F185KAlternatives to cross-examination in personE+W
This section has no associated Explanatory Notes
(1)This section applies where a party to civil proceedings is prevented from cross-examining a witness in person by virtue of any of sections 85F to 85I.
(2)The court must consider whether (ignoring this section) there is a satisfactory alternative means—
(a)for the witness to be cross-examined in the proceedings, or
(b)of obtaining evidence that the witness might have given under cross-examination in the proceedings.
(3)If the court decides that there is not, the court must—
(a)invite the party to the proceedings to arrange for a qualified legal representative to act for the party for the purpose of cross-examining the witness, and
(b)require the party to the proceedings to notify the court, by the end of a period specified by the court, of whether a qualified legal representative is to act for the party for that purpose.
(4)Subsection (5) applies if, by the end of the period specified under subsection (3)(b), either—
(a)the party has notified the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness, or
(b)no notification has been received by the court and it appears to the court that no qualified legal representative is to act for the party for the purpose of cross-examining the witness.
(5)The court must consider whether it is necessary in the interests of justice for the witness to be cross-examined by a qualified legal representative appointed by the court to represent the interests of the party.
(6)If the court decides that it is, the court must appoint a qualified legal representative (chosen by the court) to cross-examine the witness in the interests of the party.
(7)A qualified legal representative appointed by the court under subsection (6) is not responsible to the party.
(8)For the purposes of this section—
(a)a reference to cross-examination includes a reference to continuing to conduct cross-examination;
(b)“qualified legal representative” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act) in civil proceedings.]
Textual Amendments
F1Pt. 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)
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