Mapa mental
Compellability
Contenido del mapa
Compellability
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
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
Khan
- Second wife not deemed as 'legally married'
- Pearce (2002)
- Article 8 - common law wife non-compellable
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
- Carves out situations where spouses can be compelled to give evidence
Dennis
- Preferable to abandon attempts at compromise and adopt a general rule for all cases
Creighton
- Proper balancing of considerations more likely to be achieved when made in light of facts of the original case
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?
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
- Up to spouse when they want to waive the general spouse exemption and elect to give evidence on behalf of spouse/against spouse
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
Información
- Descripción
- Mapa Mental sobre Compellability, creado por grace_nisbet el 14/04/2016.
- Creado por
- grace_nisbet
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