Domestic Violence Act 1995

82 Power of court to call witnesses

• (1) In any proceedings before a court under this Act (not being criminal proceedings), the court may, of its own motion, call as a witness any person whose evidence may, in its opinion, be of assistance to the court.

  (2) Without limiting subsection (1), the power conferred by that subsection includes power to call as a witness—

  • (a) any party to the proceedings:

  • (b) the spouse or partner of such party:

  • (c) an associated respondent:

  • (d) a specified person.

  (3) Where the court calls a witness under this section,—

  • (a) the witness has the same privilege to refuse to answer any question as the witness would have if called by a party to the proceedings; and

  • (b) the witness may be examined and re-examined—

    • (i) by the court:

    • (ii) by or on behalf of any party to the proceedings:

    • (iii) by any lawyer appointed pursuant to section 81 in respect of the proceedings.

  (4) Sections 20, 38, and 39 of the Summary Proceedings Act 1957, so far as applicable and with the necessary modifications, apply to every person called as a witness by the court under this section as if that person had been called by a party to the proceedings.

  (5) The expenses of any witness called by the court under this section are payable—

  • (a) in accordance with the scale of witnesses’ expenses prescribed by regulations made under this Act; and

  • (b) in the first instance, out of public money appropriated by Parliament for the purpose.

  Compare: 1980 No 94 s 165

  Section 82(2)(b): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).