Domestic Violence Victims: Cross-Examination

Joanna Cherry Excerpts

Monday 9th January 2017 Commons Chamber

[Sir Oliver Heald]

As my right hon. Friend rightly says, this is a long-standing issue but one that has now become urgent—the cries for help from judges and others have become more urgent—and that is why the Government are tackling it. It is necessary to find a way to prevent litigants in person from using proceedings to continue the abuse, and that is what we aim to do.

[Joanna Cherry (Edinburgh South West) (SNP)]

May I welcome the Justice Secretary’s emergency review and stress how important it is that we all focus, across the UK, on how to prevent the perpetrators of domestic abuse from using the processes of the justice system to re-victimise the survivors of domestic abuse? In Scotland, the Government are engaged in a significant overhaul of the justice system, ahead of the introduction of new legislation on an all-encompassing offence of domestic abuse that will include all forms of coercive behaviour, but in Scotland legal aid is widely available in both criminal and civil cases. In England and Wales, cuts to legal aid mean that 80% of family cases now see at least one party without a lawyer, while in 60% of cases in the family courts neither party has one. In addition, victims of domestic abuse can only access legal aid in England and Wales if they cross a threshold test that has already been found to be too restrictive in a judicial review case. In addition to this important review, we therefore need a review of the criteria for access to legal aid for victims and survivors of domestic abuse. When will the Government commit to such a review?