The Clergy Conduct Rules 2026
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Change 1
55 Cross-examination of witnesses in person
(1) A respondent may not cross-examine a witness in person where the alleged misconduct is— (a) conduct of a sexual nature towards the witness, (b) violent, controlling, coercive or threatening conduct towards the witness, or (c) conduct towards the witness which took place when the witness was a child. (2) A respondent may not cross-examine a witness in person where it appears to the tribunal or court— (a) that the quality of evidence given by the witness would be likely to be diminished if the cross-examination were conducted by the respondent in person and would be likely to be improved if a direction under this rule were to be given, and (b) that it would not be contrary to the interests of justice to give such a direction. (3) The Investigation and Tribunals Team may apply to the Chair of the tribunal or court for a direction that paragraph (2) applies in relation to the witness specified in the application. (4) An application under paragraph (3) must be made in accordance with rule 105. (5) The respondent— (a) may, before the end of 14 days beginning with the day after a copy of an application under paragraph (3) was received, make representations in writing to the Chair, and (b) must, if representations are made under this paragraph, give a copy of the representations to the Investigation and Tribunals Team at the same time as the representations are made. (6) In determining an application under paragraph (3), the Chair must have due regard to— (a) any views expressed by the witness as to whether the witness is content to be cross-examined by the respondent in person, (b) the nature of the questions likely to be asked, in light of the issues in the proceedings, (c) whether there has been any relationship between the witness and the respondent and, if so, the nature of that relationship, and (d) any other relevant circumstances. (7) Where the Chair is satisfied that paragraph (1) or (2) applies in relation to a witness, the Chair must— (a) give a direction to that effect, (b) invite the respondent to arrange for a legal representative to act for the purpose of cross-examining the witness, and (c) direct the respondent to notify the registrar of tribunals by the end of the period specified in the direction whether a legal representative is to act for that purpose. (8) If, by the end of the period specified under paragraph (7)(c), the respondent has not given the notification to the registrar of tribunals— (a) the Chair must consider whether it is in the interests of justice for the witness to be cross-examined, and (b) if the Chair considers that it is, the tribunal or court must appoint a legal representative to cross-examine the witness. (9) A person appointed under paragraph (8)(b) is appointed to act in the interests of the respondent but is not responsible to the respondent. (10) The tribunal or court must meet the costs that— (a) are incurred in respect of an appointment under paragraph (8)(b), and (b) do not exceed the amount that the Chair determines is reasonable in the circumstances.
55 Cross-examination of witnesses in person
(1) A respondent may not cross-examine a witness in person where the alleged misconduct is— (a) conduct of a sexual nature towards the witness, (b) violent, controlling, coercive or threatening conduct towards the witness, or (c) conduct towards the witness which took place when the witness was a child. (2) A respondent may not cross-examine a witness in person where it appears to the tribunal or court— (a) that the quality of evidence given by the witness would be likely to be diminished if the cross-examination were conducted by the respondent in person and would be likely to be improved if a direction under this rule were to be given, and (b) that it would not be contrary to the interests of justice to give such a direction. (3) The Investigation and Tribunals Team may apply to the Chair of the tribunal or court for a direction that paragraph (2) applies in relation to the witness specified in the application. (4) An application under paragraph (3) must be made in accordance with rule 105. (5) The respondent— (a) may, before the end of 14 days beginning with the day after a copy of an application under paragraph (3) was received, make representations in writing to the Chair, and (b) must, if representations are made under this paragraph, give a copy of the representations to the Investigation and Tribunals Team at the same time as the representations are made. (6) In determining an application under paragraph (3), the Chair must have due regard to— (a) any views expressed by the witness as to whether the witness is content to be cross-examined by the respondent in person, (b) the nature of the questions likely to be asked, in light of the issues in the proceedings, (c) whether there has been any relationship between the witness and the respondent and, if so, the nature of that relationship, and (d) any other relevant circumstances. (7) Where the Chair is satisfied that paragraph (1) or (2) applies in relation to a witness, the Chair must— (a) give a direction to that effect, (b) invite the respondent to arrange for a legal representative to act for the purpose of cross-examining the witness, and (c) direct the respondent to notify the registrar of tribunals by the end of the period specified in the direction whether a legal representative is to act for that purpose. (8) If, by the end of the period specified under paragraph (7)(c), the respondent has not given the notification to the registrar of tribunals— (a) the Chair must consider whether it is in the interests of justice for the witness to be cross-examined, and (b) if the Chair considers that it is, the tribunal or court must appoint a legal representative to cross-examine the witness. (9) A person appointed under paragraph (8)(b) is appointed to act in the interests of the respondent but is not responsible to the respondent. (10) The tribunal or court must meet the costs that— (a) are incurred in respect of an appointment under paragraph (8)(b), and (b) do not exceed the amount that the Chair determines is reasonable in the circumstances.
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