SEXUAL
ABUSE : H v L and R [2006] EWHC 3099 (Fam)
http://www.familylaw.co.uk/searchDetail.aspx?artl_id=936
Family
Law - 7th February 2007
(Family
Division; Mr Justice Roderic Wood; 7 December 2006)
By analogy
with the provisions of the Youth Justice and Criminal Evidence Act
1999 (the 1999 Act), an adult witness should not be cross-examined
by a litigant in person in the family courts in relation to allegations
of the kind covered by s 62 of the 1999 Act (sexual offences).
This raised
a difficulty given the increasing number of litigants in person.
Urgent attention was needed to the creation of a new statutory provision
to provide for representation in such circumstances. In some cases
the child's guardian might be able to cross-examine the adult witness
in relation to allegations of sexual abuse, but that had not been
appropriate in this case.
It was
not appropriate to call on CAFCASS Legal, the Official Solicitor,
or the Attorney-General for assistance in such cases, although exceptionally
the Attorney-General had assisted the court in this case. Only exceptionally
should a judge exercising the family jurisdiction cross-examine
a witness in such circumstances.
Court
stops parents suing over false abuse claims 1st August 2003
