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The Compellability Rule in England and Wales: Support for the Spouse of the Defendant

Lookup NU author(s): Dr Shamini Ragavan

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Abstract

Spouses, for a variety of reasons, struggle to give evidence against their spouse in criminal proceedings. A woman's willingness to testify against her spouse or civil partner is not based on the compellability provisions in PACE, but a personal choice of whether she is prepared to testify against her spouse. To assist her, she (as victim and witness) must be adequately supported (emotionally or psychologically) so that she becomes a resilient participant of the criminal justice system and thus provides best evidence in court. A collective and coordinated effort of practitioners, police, support agencies, including the judiciary is essential and there is a need for them to be aware of the special needs of different types of vulnerable witnesses, different forms of support, therapies and counselling strategies available in their decision-making. This article will draw upon findings of a pilot research study undertaken in 2009 to examine the issue of support for victims and witnesses.

Publication metadata

Author(s): Ragavan SK

Publication type: Article

Publication status: Published

Journal: Journal of Criminal Law

Year: 2013

Volume: 77

Issue: 4

Pages: 310-324

ISSN (print): 0022-0183

ISSN (electronic): 1740-5580

Publisher: Vathek Publishing

URL: http://dx.doi.org/10.1350/jcla.2013.77.4.855

DOI: 10.1350/jcla.2013.77.4.855

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