Image from Google Jackets

Raising the curtain : the proposed evidence code and the compellability of spouses in domestic violence cases Norton, Jane

By: Material type: ArticleArticleSeries: Auckland University Law ReviewPublication details: Auckland Auckland University Law Students' Society 2002ISSN:
  • 0067-0510
Subject(s): In: Auckland University Law Review 9(3) 2002 : 1054-1072Summary: This article examines the proposed Evidence Code, examining whether the abolition of spousal non-compellability would be a desirable outcome. Effectively this would mean that a spouse would be compelled to give evidence against their partner should that partner stand accused of committing an act of violence against them. A critical discussion is presented, which includes arguments in favour of both non-compellability and compellability. Issues of the sanctity of marriage and revictimisation, along with criticisms, are explored in favour of non-compellability. Duty to testify, and domestic violence as a public matter, are explored in favour of compellability arguments, also with criticisms. It is concluded that compellability be adopted, but with a mechanism that grants a witness an exemption from testifying. This approach allows flexibility for cases where testifying would put the relationship or the individual at unnecessary risk.
No physical items for this record

Auckland University Law Review 9(3) 2002 : 1054-1072

This article examines the proposed Evidence Code, examining whether the abolition of spousal non-compellability would be a desirable outcome. Effectively this would mean that a spouse would be compelled to give evidence against their partner should that partner stand accused of committing an act of violence against them. A critical discussion is presented, which includes arguments in favour of both non-compellability and compellability. Issues of the sanctity of marriage and revictimisation, along with criticisms, are explored in favour of non-compellability. Duty to testify, and domestic violence as a public matter, are explored in favour of compellability arguments, also with criticisms. It is concluded that compellability be adopted, but with a mechanism that grants a witness an exemption from testifying. This approach allows flexibility for cases where testifying would put the relationship or the individual at unnecessary risk.