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Mapa mental

Compellability

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Contenido del mapa

Compellability

  1. Definition: the extent to which a witness can be forced to give evidence at trial, even if they do not wish to do so - i.e. giving evidence against your husband/wife

  2. Spouses and civil partners

    • S.84 Civil Partnership Act 2004
    • Historically, natural repugnance to expect a husband to testify against a wife/vice versa
      • Spouse: lawfully marriage to the accused at the time when he/she is called to give evidence
    • Cohabitation not recognised
  3. Khan

    • Second wife not deemed as 'legally married'
    • Pearce (2002)
      • Article 8 - common law wife non-compellable
  4. S.80 (2) PACE

    • Carves out situations where spouses can be compelled to give evidence
      • Subject to spouse not also being accused, can be compellable to give evidence on behalf of that person
  5. Dennis

    • Preferable to abandon attempts at compromise and adopt a general rule for all cases
  6. Creighton

    • Proper balancing of considerations more likely to be achieved when made in light of facts of the original case
  7. Roberts and Zuckerman

    • Even if spousal privilege saves marital harmony, why is that good enough reason to reduce public protection and allow the guilty to escape?
  8. Waiving the spousal exemption

    • Up to spouse when they want to waive the general spouse exemption and elect to give evidence on behalf of spouse/against spouse
      • Blanket waive
      • R v Pitt
        • Whether/not wife knew she had a right to give evidence. gave inconsistent answers. Judge should not have allowed testimony to happen
    • Choo - doubts today over whether marriage holds same sentiment as before and ought to
  9. Former spouses

    • S.80(5) and 5(a) - no longer married: compellable to give evidence as if that person and accused had never been married

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Mapa Mental sobre Compellability, creado por grace_nisbet el 14/04/2016.
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