Section 165 — Family Proceedings Act 1980: Power of District Court or Family Court to call witnesses

165 Power of District Court or Family Court to call witnesses (1) In any proceedings before it under this Act (not being criminal proceedings) a District Court or Family 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) The power conferred by subsection (1) of this section shall include power to call as a witness any party to the proceedings or the spouse or civil union partner of any party to the proceedings. (3) A witness called by the Court under this section shall have the same privilege to refuse to answer any question as the witness would have if the witness had been called by a party to the proceedings. (4) A witness called by the Court under this section may be examined and re-examined by the Court, or by any barrister or solicitor assisting the Court, and may be cross-examined by or on behalf of any party to the proceedings or by any barrister or solicitor appointed to represent a child who is involved in the proceedings. (5) Sections 20 , 38 , and 39 of the Summary Proceedings Act 1957 , so far as they are applicable and with the necessary modifications, shall apply with respect 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. (6) The expenses of any witness called by the Court under this section, in accordance with the prescribed scale of witnesses' expenses, shall be paid in the first instance out of public money appropriated by Parliament. Compare: 1968 No 62 s 9 Subsection (2) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by substituting the words “ spouse or civil union partner ” for the words “ husband or wife ” . Subsection (6) was amended, as from 1 July 1989, by section 86(1) Public Finance Act 1989 (1989 No 44) by substituting the word “ public ” for the words “ the Consolidated Account from ” .