Key Facts

• Jess Phillips moves amendment 81 to Clause 56.
• The amendment requires the Secretary of State to lay guidance before Parliament.
• It provides that guidance will come into force according to regulations made by the Secretary of State.
• Special measures were introduced for criminal courts by the Youth Justice and Criminal Evidence Act 1999.
• In November 2017, the Ministry of Justice introduced a new practice direction for family proceedings regarding vulnerable persons, including those with concerns related to domestic abuse.
• A Women’s Aid report in 2018 found that 61% of domestic abuse victims participating in surveys were not provided with special measures in family courts.
• In 2018, 45% of cases in family court were matrimonial matters and 20% involved parental disputes over child upbringing.
• Stay Safe East reports that only one out of twelve local family courtrooms has a video facility.
• Victims often face different safeguards between criminal and family courts despite experiencing the same level of perpetration.
• Women's Aid’s “Nineteen Child Homicides” report details instances of women being attacked by perpetrators in family court toilets.
• The MP's office researched the experiences of 122 victims of stalking and domestic abuse in court proceedings.
• 55% of those individuals had court proceedings taken against them by their abusers despite having restraining orders.
• Two thirds of the respondents were required to appear in court, while a third faced personal cross-examination from their perpetrator.
• Judges can control when defendants are permitted to arrive at court to minimise crossover with victims.
• Specialist domestic violence courts have been established.
• Courtrooms vary in layout, requiring creative solutions for keeping individuals separate.
• Legislation has been introduced over the past decade to improve support for victims of serious violence and sexual allegations through screens and live link evidence.
• Clause 58 extends special measures directions to cases involving domestic abuse, allowing complainants in any offence related to domestic abuse to receive assistance similar to that given to intimidated witnesses.
• Amendment 54 seeks to apply provisions of the Youth Justice and Criminal Evidence Act to family court proceedings, but its drafting is unclear regarding necessary modifications for civil courts.
• A report from the Civil Justice Council titled “Vulnerable witnesses and parties within civil proceedings: current position and recommendations for change” was published in February 2020.
• The Government are considering how to proceed with implementing the independent inquiry into child sexual abuse’s recommendations regarding vulnerable individuals in court.
• Special measures for vulnerable witnesses and parties are best left to the flexibility of court rules, according to the CJC report.
• Clause 59 aims to prevent unrepresented perpetrators from cross-examining their victims in family proceedings.
• The clause gives the court power to appoint an advocate for cross-examination where it is necessary and paid for by central funds.
• There will be an automatic ban on cross-examination if one party has been convicted, given a caution, or charged with certain offences related to domestic abuse, child abuse, sexual abuse, or protective injunctions are in place.
• The clause makes provision that an automatic ban will apply in other cases where a witness has adduced specified evidence of domestic abuse.
• Evidence used to access civil legal aid is replicated for this purpose as recommended by the Joint Committee.
• Courts have discretion to prohibit cross-examination if it would diminish the quality of witness evidence or cause distress.
• Judges must consider satisfactory alternative means for cross-examination if in-person prohibition applies, including pre-recorded testimony.
• The court can appoint a legal representative where necessary to protect rights and family life.
• Power is conferred on the Secretary of State to issue statutory guidance and regulations about fees for court-appointed advocates.
• The MP had personal experience supporting a constituent who was a victim of domestic abuse.
• Another constituent was cross-examined three times in family court and was hospitalised with broken bones and rape injuries.
• On September 15, 2016, the MP secured a Backbench debate led by Angela Smith to address the issue.
• The case of Jane Clough is mentioned as one of the most shocking examples of abuse in family courts.
• Jane Clough's case is used as an example of how family court secrecy can perpetuate harm for victims.
• The speaker arranges for a journalist to meet a survivor, leading to increased media coverage.
• Family courts have strict regulations that stifle transparency and reform efforts.
• The Times published stories about cross-examination issues in family courts twice on its front page over Christmas 2016 and again on January 5, 2017.
• On January 9, 2017, the Minister committed to banning cross-examination by perpetrators but primary legislation would be necessary.
• After an urgent question in January 2017, the MP received over 1,000 messages from people affected by cross-examination abuse.
• Restraining orders can last up to 18 months.
• A proposal suggests a risk assessment by a domestic abuse specialist if a conviction or caution is spent and a perpetrator wishes to cross-examine.
• There is concern about the lack of penalties for allowing cross-examinations when it should not be allowed according to regulations.
• The inclusion of 'habitual resident' terminology in the Domestic Abuse Bill addresses jurisdiction issues for those committing domestic abuse crimes outside the UK.
• Jess Phillips has met with families who have suffered from violence where perpetrators were habitually resident but not British citizens, highlighting the need for such measures.
• Amendments proposed under clause 64.
• Comprehensive assessment required before issuing guidance.
• Disclosures must be reasonable, necessary, and proportionate.
• Best interests of children to be considered.
• Clare Wood was murdered by her ex-boyfriend George Appleton in 2009.
• As of March 2018, there were 4,655 right to ask applications and 6,313 right to know applications for Clare’s law disclosures.
• The average time taken for each disclosure is 39 days.
• A survey indicated that 45% of early-wave recipients of information under Clare's law went on to be victimised by their partners.
• Clare's law is named after Clare Wood who was murdered by her partner.
• The guidance has been in place since 2014, with a comprehensive review planned before it becomes statutory through the Bill.
• Police are rolling out online applications to make the process quicker and easier for users.
• Clause 65 ensures lifetime tenancies for victims in new social homes.
• It safeguards joint tenants wanting sole tenancy after perpetrator leaves.
• The clause updates the definition of 'domestic abuse'.
• In 2019, nearly 1,500 local authority lettings were made to social tenants citing domestic violence as the main reason for leaving their home.