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Protection to not testify against spouse should extend beyond 1992 definition, lawyers say
Summary
In a Court of Appeal hearing, lawyers argued that the protection preventing a person from testifying against a spouse should extend beyond the 1992 definition of "nuclear family." The case arose from a Circuit Court decision that two women, who were in ongoing relationships but not married to the accused men, could not be compelled to give evidence under the Criminal Justice Act 2006. The men, each charged with attempting to pervert the course of justice in 2012, had been acquitted by the trial judge. The appeal, originally moved with prejudice, was advanced without prejudice after the men married their partners. The Court of Appeal noted that spousal protection should apply to ongoing relationships, but the judge's ruling was not yet final. The case remains pending for a potential retrial.
Who, what, where, when and why
What: Report matter: Protection to not testify against spouse should extend beyond 1992 definition, lawyers say. Procedural stage: appeal
When:
- 2018-12-17 Publication
Places mentioned
- Court of Appeal
Topics
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