Part 5: Protection for victims and witnesses in court Section 66: Prohibition of cross-examination in person in civil proceedings New section 85F – Prohibition of cross-examination in person: victims of offences
Section 85F provides that any person involved in civil proceedings who has an unspent conviction or caution (as defined in subsection (5)) for, or who is charged with, a "specified offence" cannot cross-examine in person the victim of that offence, or alleged offence, during the course of the civil proceedings. The section also provides that the victim or alleged victim cannot cross examine in person the perpetrator or alleged perpetrator. The prohibition will not apply if the conviction is spent (under the 1974 Act) unless evidence in relation to the conviction or caution is admissible, or may be required, in the proceedings by virtue of section 7(2), (3), or (4) of that Act (which disapply the provisions of the 1974 Act in respect of specified, or prescribed, criminal or other judicial proceedings, including where justice cannot be done in the case except by admitting or requiring evidence relating to a person’s spent convictions).
	If cross-examination takes place in breach of the provision, because the court was not aware of the conviction, caution or charge at the time the cross-examination took place, then the validity of decisions made by the court is not affected.
	Section 85F(6) makes clear that the prohibition applies even where an order has been made for discharge, whether absolute or conditional.
	The offences that are relevant here are to be specified in regulations to be made by the Lord Chancellor under the power in section 85F(5). It is intended to use regulations to specify a comprehensive list of domestic abuse-related and other violent and sexual offences, including child abuse offence, based on the list of offences set out in documents issued by the Lord Chancellor as referred to in Schedules 1 and 2 to the Civil Legal Aid (Procedure) Regulations 2012 (SI 2012/3098). The regulations may also specify offences which have been repealed and replaced but which remain in force insofar as they could be prosecuted in respect of conduct committed prior to their repeal. In addition, it is intended to make provision in relation to any similar domestic abuse-related, violent or sexual service disciplinary offences.