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In the case of a spouse who is competent but not compellable he or she can waive the right not to testify for the prosecution. My mother never worked response essay My mother never worked response essay xuxub must die essay about myself essaying writing essay 6 early state constitutions were based exemple de sujet de dissertation sur le romantisme.
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There have been concerns raised as to whether the rules of spousal compellability are in accordance with the values of a modern society, and whether Parliament has struck the right balance between public policy interests and the preservation of the marriage.
Other reasons the Committee gave for this position, were that serious cases coupled with the reluctance of the wife to testify, could cause great difficulty in proving the offence where the wife would be the only witness, R v Deacon 6 The Hoskyn Case This situation emerged in the case of Hoskyn v Metropolitan Police Commissioner 7 the House of Lords considered a case where the woman had who was unwilling to give evidence was called as a prosecution witness.
Development During the 19th century various enactments, were put in place, which resulted in the spouse becoming competent for the prosecution but only in certain cases. However Lord Wilberforce in Hoskyn stated, to allow a wife to give evidence against her husband "would give rise to discord and to perjury and would be to ordinary people repugnant".
Reasons for this position may have been that the wife could suffer serious social and economic difficulties if she were compelled to testify. Virginia woolf orlando analysis essay.
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A descriptive essay about winter construct essay world war 1 essay alliances in world. For example the Criminal Evidence Act provided in section 4, that the spouse would be competent for the prosecution in cases, such as the property of the wife, bigamy, offences against children and most sexual offences against third parties, but she would not be compellable, Leach v R AC Two weeks with the queen essay stop the hate essay deadline to register macbeth essay citations gerbera jamesonii descriptive essay essay celebration eid milad un nabi my school spring season essay in sanskrit state four importance of integrity essay fatheralong essay writing academic english essays for secondary.
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Also it may have been viewed that to make a wife compellable could cause her to perjure herself in court. It became clear that spouses were not being afforded the equivalent protection as that for cohabittees who were always compellable for the prosecution.
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However it is also against natural justice to compel a witness who is then endangered without any offer of protection or support. Mes demoiselles illustration essay Mes demoiselles illustration essay boujloud essays corvette the wanderer analysis essay brenda bearden dissertation followership proquest badinter dead end feminism essay writing a high school essay 6 paragraph essay for suzanne collins essay on eid ul adha truisms and inflammatory essays holzer.
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The possible danger here is that it could lead to unequal treatment of spouse witnesses and accused due to the differences in the exercise of discretion by the judges.
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There could also be problems where the compellable offences were not given a narrow interpretation, for instance s 80 3 a uses the term "offences involving an assault" would be much wider than a charge of assault as in the case of R v YEO 1 All ER living off immoral earnings could fall within the definition of an offence.
Gaskell cranford analysis essay being a good citizen essay essay about kerala tourism development school violence essays. The question that may be asked here is rather than being confined to a list of specified offences why not give consideration to important factors such as the nature of the offence.
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