What happens if you are compellable but refuse to give evidence (2 possible outcomes)
Either arrested or found guilty of contempt of court (Yusuf)
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What are 2 reasons why this compellability/cooperation is taken so seriously?
Practical matter (individual witnesses can't just be the arbiter of what they decide to do) + principled (D has right to fair trial)
3 of 15
Which provision is relevant for D's compellability?
s.1 Criminal Evidence Act 1898
4 of 15
Can compellability stretch beyond D?
Yes - if there is a chance a prosecution/charge might result from it (Blunt) OR where there is a reasonable ground to apprehend danger to W from his being compelled (Boyes
5 of 15
Which provision of PACE is relevant for compellability of D's close family?
s.80
6 of 15
How did the case Bala define "spouse"?
Someone who is part of a union recognised by English law as a marriage or civil partnership
7 of 15
Where was a distinction drawn between factual cases involving assault + legal cases involving assault? What is an example of a legal case?
A (B) (Legal = those involving assault in their definition --> only legal fits under s.80(3))
8 of 15
Is this approach taken to spouses compatible with ECHR art.8?
Yes, failure of argument that unmarried couple should come under scope of art.8: Pearce
9 of 15
What are 2 other ways in which evidence might be admitted?
Via s.114(1)(d) CJA 2003 or through an out-of-court, pre-trial statement
10 of 15
Why do some people argue that this area of law should be reformed?
Based on controversial idea of sanctity of marriage + all attempts should be made to avoid putting a strain on it
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Which jurisdiction has completely abolished these comparability rules?
Scotland
12 of 15
What model does Brabyn propose?
General non-compellability of close family, exemption procedure for step-family, procedure for P to compel non-compellable witness, special rules for violent/sexual offences
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What does Spencer say about USA?
If spouse takes advantage of non-compellabiltiy rule, their previous statements are admissible as hearsay
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What does spencer say about France?
Spouse has to testify but doesn't have to be sworn in
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Other cards in this set
Card 2
Front
What happens if you are compellable but refuse to give evidence (2 possible outcomes)
Back
Either arrested or found guilty of contempt of court (Yusuf)
Card 3
Front
What are 2 reasons why this compellability/cooperation is taken so seriously?
Back
Card 4
Front
Which provision is relevant for D's compellability?
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