AQW 17611/22-27


Ms Claire Sugden
Independent
East Londonderry


Tabled Date: 05/11/2024
Answered On Date: 13/11/2024
Priority Written: No


Question:
To ask the Minister of Justice to outline how the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 has prevented misuse of legal processes since its commencement.


Answer:
The Domestic and Civil Proceedings Act (Northern Ireland) 2021 (the Act) makes provision for a range of safeguards to mitigate against the risk of an abuser using the criminal justice process to further exert control and influence over their victim.  These provisions are intended to minimise the trauma for the victim while ensuring that the proper administration of justice is achieved. 
Examples of these measures include:
a provision under section 1 of the Act to prevent the accused from electing for trial by jury at Crown Court, in summary proceedings, in relation to the domestic abuse offence;
section 24 of the Act prohibits an accused person from cross-examining a partner or connected person in person, where they are to give evidence. This provision applies in relation to the domestic abuse offence under section 1 of the Act, as well as to any other offence (for example, criminal damage, assault, grievous bodily harm, threats to damage property or threats to kill, etc.) where there is a specification that it is aggravated by reason of involving domestic abuse (under section 15 of the Act); and
under section 23 (c) of the Act, complainants in cases involving the domestic abuse offence, or an aggravated offence, are also automatically eligible for consideration of special measures when giving evidence, which could include the use of live links, remote evidence centres or screens.
The Act also makes provision to enhance the protection available to victims of domestic abuse who are giving evidence in family proceedings; examples include:
court rules, which came into operation in November 2022 and which make specific provision in relation to special measures. Again, this could include giving evidence from behind a screen, via a remote evidence centre or by live link;
section 28 of the Act introduced a legal aid waiver allowing victims of domestic abuse access to justice when responding to children proceedings brought by their abusers, often employed as a means to further that abuse. Under this measure, if they can provide appropriate evidence of the abuse, and that the perpetrator is the one who is bringing the proceedings, this allows them to apply for legal aid without reference to their means. My Department has been working to ensure that the number of organisations who can provide this information is as wide as possible and is currently exploring options of how it supports victims of domestic abuse more effectively, including efforts to increase awareness and uptake of the waiver, as part of the foundational review of civil legal services
My Department intends to publish a report in early 2025 that will include information on the amount of cases that have proceeded though the court since the Act’s introduction. The report will also include the views of service providers who have assisted victims and witnesses during the proceedings.