| Description | Analysis of the responses recieved to the consultation on proposals to amend the law on compellability of spousal witnesses |
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| ISBN | (Web Only) |
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| Official Print Publication Date | |
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| Website Publication Date | November 17, 2006 |
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Executive Summary
1. Cathy Jamieson MSP, Minister for Justice, made known to the Scottish Parliament on 9 March 2006 that the Scottish Executive would bring forward a short consultation paper on options for amending the law which governs whether individuals should be required to give evidence in relation to an offence committed by their spouse or civil partner.
2. Under the current law, you can only be required to give evidence against your civil partner, husband or wife when they are accused of an offence against you. If the alleged offence has been committed (for example) against one of your children, you can refuse to give evidence without running the risk of being found in contempt of court.
3. Ministers wished to seek out views on whether this position should be changed by either abolishing or modifying the exception which spouses and civil partners enjoy in relation to the obligation to give evidence in criminal proceedings. Three options for change were suggested in the consultation document:
- Simple repeal
- Removing the right not to give evidence against a spouse or civil partner where the offence is one against a child
- Retention of the current law