Family proceedings are often extremely difficult and stressful for people to manage themselves particularly when there are allegations of abuse or evidence of previous criminal convictions of abuse relating to one of the parties. If one of both of the parties do not have their own legal representation and therefore represent and speak for themselves at court it is deemed inappropriate and unfair for the perpetrator or alleged perpetrator of the abuse to be permitted to cross examine the other party within the proceedings. The court must consider the effects for both parties and how being cross examined by the alleged perpetrator may affect the clarity of the evidence.
There a certain situations when the court must appoint a QLR in the family courts:-
- If a party has been cautioned, charged or convicted of a specified offence against the other party
- If a party has obtained a protective injunction against the other party e.g Non Molestation Order
If none of the above is relevant the court can consider any allegations that have been made within the ongoing family proceedings and if on the evidence provided the party making the allegation would suffer emotional distress, anxiety or be unable to give their evidence effectively if questioned by the alleged perpetrator. They can then, depending on the circumstances, appoint a QLR to undertake the cross examination of the witness. The courts must consider all the facts and evidence before it and decide whether it is in the “interests of justice” to appoint a QLR.
Who is the QLR and what do they do?
The QLR is a legally qualified person that holds a legal practising certificate and has proven ability and experience in cross examination and dealing with vulnerable witnesses. They are appointed by the court and therefore they are not representing you and you do not benefit from the usual solicitor – client relationship in respect of confidentiality or privilege. They must focus their attention on the evidence and issues in dispute and prepare their cross examination focusing on those issues alone. They will be permitted to have access to the case papers and discuss with you the issues and potential questions you may wish to raise. They can be appointed to attend pre-trial review hearings if they relate to the allegations in questions but will not be required to attend other hearings that perhaps relate to the case in general or other applications that do not relate to the allegations.
The court has a list of approved QLR’s and they will work through that list until they find a QLR who accepts and is available to take on the case. The QLR is paid by the HMRC and you are not liable for their fees. They are not a representative of the court that appointed them but they are accountable to the court. They are appointed in the interests of justice and fairness to cross examine. They will not meet with you to take your full instructions as an instructed solicitor or barrister will do, but they do have to discuss matters with you to elicit the relevant information that will form the basis of the cross examination. The QLR must be prepared and equipped to put the relevant questions of cross examination to the witness and these questions ust relate to the specific allegations and the essence of the Fact Finding hearing.
A QLR was ordered to be appointed but there is not one available or able to take on the instruction
In some cases, even though the court has ordered that a QLR be appointed this does not happen, for one reason or another. The courts are often unwilling to vacate a hearing date due to a lack of QLR but they must still consider the interests of justice and the fact that they have already deemed it inappropriate for an alleged perpetrator of abuse to cross examine the witness. Therefore there have been cases, and it is becoming more usual practice, that the court will ask for pre- prepared questions of cross examination to be drafted and sent into the court a few days before the hearing and the Judge or Magistrates will then have the responsibility of putting those questions to the witness. If this happens in your case then you must consider all the evidence and draft your questions in a way to try and prove any discrepancies or inconsistencies within the evidence filed.
I would like to apply to the court to appoint a QLR
You will need to make an application on form EX740; This document will request your details, the case details and reasons, with evidence that you do not feel capable of being cross examined by the other party or having to cross examine them yourself. This document once completed will need to be filed at the court. You will need to demonstrate and explain that if a QLR is not appointed you do not feel you can effectively cross-examine due to the nature of the allegations you have made and to be forced to do so would be unfair and unjust and would affect the clarity of any evidence given.
If any of the above relates to you. If you need to complete the EX740 and apply for a QLR or if you need to prepare your own questions for cross examination then you do not have to do this alone. FLPS can support and assist you in these matters. Contact us on 02081 430732 / info@fl-ps.co.uk