Please see below for the position regarding the compellability of spouses or civil partners in criminal proceedings. When reviewing a file of evidence, it is important to identify any witnesses whose competence may be called into question at trial, and to consider this when deciding whether there is a realistic prospect of conviction.
The Code for Crown Prosecutors instructs Prosecutors to consider whether evidence can be used and whether it is reliable paragraph 4. It is also important to decide if a witness is compellable and, if not, whether she or he will give evidence voluntarily. This may affect the decision to prosecute. A Prosecutor concluding at the review stage that a witness is not competent by virtue of Section 53 3 of the YJCEA should ensure they have considered the matter thoroughly.
Such a significant and rare decision should be discussed with, and authorised by, a District Crown Prosecutor or above. The potential ramifications for the witness in both the present and future proceedings should not be underestimated. Children of any age can be called to give evidence; their competence depends upon their understanding, not their age. As far as competency is concerned, the same test is applied to child witnesses as for adult witnesses. The competence of a child, in particular whether the child should give sworn or unsworn evidence is covered by Sections 55 and 56 of the YJCEA Section 55 of the YJCEA provides that the witness cannot be sworn for the purposes of giving evidence on oath unless the witness has attained the age of 14 and has a sufficient appreciation of the solemnity of the occasion and of the particular responsibility to tell the truth which is involved in taking an oath.
Therefore, children under the age of 14 should give unsworn evidence and this shall be received in evidence by the Court: see Section 56 of the YJCEA With regards to children above the age of 14, the party seeking to have the witness sworn should satisfy the Court, on a balance of probabilities, that the child has attained the age of 14 and has a sufficient appreciation of the matters in question.
Section 80 of the Police and Criminal Evidence Act PACE is the statutory provision which governs the competence and compellability of spouses and civil partners in criminal proceedings. Spouses or civil partners of a person charged in proceedings are generally competent to give evidence for the prosecution. The only exception is if the spouse or civil partner is jointly charged.
If they are, neither is competent or compellable to give evidence, on behalf of the prosecution, against the other, unless the spouse or civil partner witness has already pleaded guilty, or the proceedings in respect of the spouse or civil partner witness have been discontinued.
Spouses or civil partners are competent and compellable to give evidence on behalf of the Defendant or the Defendant's co-accused. The prosecution can only compel a spouse or civil partner to give evidence for the prosecution in cases which involve:.
Section 80 of PACE does not apply to a Defendant's partner to whom he or she is neither married nor in a civil partnership. The decision to compel a witness to attend Court with a view to giving evidence for the prosecution against his or her expressed wish witness summons pursuant to Section of the Serious Organised Crime and Police Act is one that should be exercised with sensitivity and discretion. Prosecutors are reminded that applying for a witness summons should be regarded as a last resort as the consequences for not attending court are serious.
The witness summonsed may be arrested by the police and taken to the Court if the witness does not attend Court. Before any application for a witness summons is made, the Prosecutor must ensure that they have up to date information from the officer in the case. Prosecutors should bear in mind that the refusal of a witness to attend Court may be brought about through fear. If this is considered to be a possibility, Prosecutors should ask for further information from the police and consider the use of Section of the Criminal Justice Act CJA The CJA gives 'fear' a wide definition and it will include fear of the death or injury of another person or of financial loss.
Further guidance on this can be found in the Hearsay Guidance. Please note that there is no power to prevent the marriage between a prisoner on remand and a witness for the prosecution, even if this might make the spouse a non-compellable witness for the prosecution in the pending trial R CPS v Registrar-General of Births, Deaths and Marriages [] Q.
The provision of support from Victim Support, the police and other agencies may be very important to witnesses in these circumstances. The decision to compel a spouse or civil partner to attend court to give evidence against his or her spouse or civil partner should only be taken by the Unit Head.
The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. This guidance assists our prosecutors when they are making decisions about cases.
Mobile Menu 02 Uncategorized Can I refuse to give evidence against my partner? Posted October 28, If you are not excused, you may have to give evidence. Other Criminal Offences In other criminal cases that do not involve domestic violence or children, you can object to giving evidence against your partner if the Prosecution calls you as a witness. When making this decision, the Judge or Magistrate will consider many factors, including: The seriousness of the offence; The importance of your evidence; The other prosecution evidence; The relationship between you and the accused person; and Whether you would have to disclose confidential information if you gave evidence.
What if I am served with a subpoena? Photo by Burst from Pexels. Sales of Covid antigen tests expected to rise in run-up to Christmas Subscriber Only. Article 16 loses power as UK negotiating tool as EU hardens approach.
Haggling over Mica compensation reaches critical and fraught stage. How counting murders of women changed the law in Italy. Daily Today Daily. Stay on top of the latest news with our daily newsletters each morning, lunchtime and evening. Sign up. Sign In.
0コメント