Courts / Tipperary / Report

Spousal protection does not extend beyond marriage, court finds

Date
2019-01-17

Stage
Appeal

Primary locality
Tipperary

Summary

The Court of Appeal held that the privilege preventing a spouse from testifying against their partner applies only to married couples, not to civil partnerships or other relationships. 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 section 16 of the Criminal Justice Act 2006. The men, charged with attempting to pervert the course of justice in 2012, were acquitted by the trial judge, who cited the "changing landscape" and the recognition of non‑marital relationships in law. The Director of Public Prosecutions appealed the acquittals, but the appeal was moved "without prejudice" on a point of law. The Court of Appeal confirmed that the term "spouse" in the Criminal Evidence Act 1992 refers only to a married spouse, and that extending the privilege to other relationships is a legislative, not judicial, matter.