Lawintermediate
Under Section 80 of the Police and Criminal Evidence Act 1984 (PACE), in which of the following circumstances is the spouse of a defendant compellable to give evidence for the prosecution?
Answer
An offence involving an assault on, or injury to, the spouse
Explanation
The notes include offences against a spouse’s property among situations where the spouse is competent and compellable. They also identify violence against the spouse and cases involving health, liberty, or person. The other options wrongly make the rule universal or contradict the notes’ treatment of void marriages. **Key takeaway:** The nature of the alleged offence can create a specific spousal-testimony exception. **Glossary:** Compellable: legally required to testify.
Related Questions
- A decree of judicial separation has the same legal effect as a decree of divorce in rendering a spouse competent to give evidence for the prosecution regarding events that occurred during the marriage.(advanced)
- Match each legal term regarding witness testimony to its correct definition: Terms: 1. Competency 2. Compellability 3. Contempt Definitions: A. Legal sanction or consequence for refusing to testify when lawfully required B. Legal capacity or fitness of a person to give evidence C. Legal obligation to attend court and give evidence(intermediate)
- Every compellable witness is competent, but not every competent witness is compellable.(basic)
- According to the notes, which considerations form the general competency test under section 175(1)? Select ALL that apply.(intermediate)
- A witness who is called to court solely to produce a document is generally not required to take an oath or make an affirmation.(basic)
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