16th View from the President's Chambers published

Practical Law UK Legal Update w-005-5308 (Approx. 3 pages)

16th View from the President's Chambers published

by Practical Law UK Family

The President of the Family Division, Sir James Munby, has published his 16th View from the President's Chambers. In this latest view, he details the historical inaction of the government in dealing with the needs of children and vulnerable parties in the family justice system, and provides an update of the current position.

Speedread

The President of the Family Division, Sir James Munby, has published his 16th View from the President's Chambers. In this latest view, he sets out in detail the efforts made by him and others since 2014, in relation to various issues concerning the needs of children and vulnerable witnesses and parties in the family justice system, and the government's responses on each occasion. He provides an update of the current position, which includes urgent government action to introduce primary legislation to protect alleged victims from cross-examination by alleged abusers, in line with the protection already afforded in the criminal law jurisdiction and given recent media coverage of this issue.

In his 16th View, Munby P discusses the urgent need for government action in relation to the how the family justice system accommodates the needs of children attending court and of vulnerable parties and witnesses (see Legal update, Final report of the Vulnerable Witnesses and Children Working Group published). He sets out in detail the calls for action from him since 2014 and subsequently from various other interested parties, and the government's responses, culminating in the recent media coverage (see Family news round-up to 5 January 2017, Government to review cross-examination of alleged victims), which the government finally appears to be taking action on.

Munby P outlines the current position as follows:

The government is now urgently considering what primary legislation would be required to prohibit alleged abusers directly cross-examining their alleged victims in family proceedings and for related ancillary matters.
Cobb J's review of Practice Direction (PD) 12J (see Legal update, Cobb J's review of PD 12J: presumption of parental involvement does not apply if there is a risk of harm) has been completed and Munby P accepts all the proposed amendments except for one; the prohibition against an alleged abuser cross-examining an alleged victim requires primary legislation and cannot be achieved through amendments to secondary legislation. Munby P will invite views from the Family Justice Council and the Family Procedure Rule Committee (FRRC) at their forthcoming meetings. He should then be able to seek the Lord Chancellor's approval by mid-February 2017, so that the amendments can be issued as soon as possible.
Munby P endorses Cobb J's recommendations that all family judges must be familiar with PD 12J and apply it conscientiously, and that the Judicial College must ensure their courses properly deal with the risks addressed by the changes to PD 12J.
Indications from the government suggest it will be possible to progress the proposed consultation about the proposed rule changes and new PD for vulnerable witnesses and parties, at the next FPRC meeting. Munby P emphasises that there is no reason why the amended rules and new PD should not be in place by the end of 2017.
The government has not indicated timescales for moving forward with addressing the needs of children attending court. Originally, the needs of children and of vulnerable witnesses and parties were part of the same project, in terms of rules changes and PDs. The projects were separated out when the government indicated it would progress the latter faster by commencing a consultation. Munby P calls for the government to deal with the needs of children as urgently as those of vulnerable witnesses and parties, so that amended rules and a new PD are in place by the end of 2017.
Munby P calls for the government to ensure that funding is provided to convert courts, so that special measures can be taken to protect alleged victims when they attend court and give evidence, including the provision of modern video links. The facilities should match those already available in the Crown Court.

Source: View from the President’s Chambers (16) – Children and vulnerable witnesses – where are we? (20 January 2017).

End of Document

Also Found In

Resource ID w-005-5308

Published on 25-Jan-2017

Resource Type Legal update: archive

Jurisdictions

England
Wales