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This assignment considers the law respecting the competence and compellability of spouses in criminal proceedings and whether subsequent reform regarding the compellabilty of the spouse is justified.
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Introduction This assignment considers the law respecting the competence and compellability of spouses in criminal proceedings and whether subsequent reform regarding the compellabilty of the spouse is justified The suitability of the law relating to evidence by spouses in criminal proceedings has been subject to much debate. There have been concerns raised as to whether the rules of spousal compellability are in accordance with the values of a modern society, and whether Parliament has struck the right balance between public policy interests and the preservation of the marriage. In order to get a clear perspective of the issue it is necessary to look at the, previous situation regarding spousal competence and compellability, in order to review the reforms that we have today History The historical background of the common law rule of spousal incompetence can be traced back to the 17th century where it was an established fundamental principle that generally a wife could...
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