Tuesday 06 May 2008 @ 10:40
Scottish Government
Scottish Government
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Law 'loophole' to be changed
Spouses and civil partners will no longer be able to refuse to give evidence against their other half.
The Scottish Government will take an early legislative opportunity to repeal the law which exempts spouses from giving evidence against their partner.
Currently a husband, wife or civil partner can only be required to give evidence against their other half if they are the victim of an offence by their partner.
Justice Secretary Kenny MacAskill said:
"For too long, spouses have been able to escape justice thanks to laws that mean their other half does not have to give evidence against them.
"This is not acceptable and has resulted in the past in people marrying their partners prior to trial for example on a charge of abusing their children just to avoid having to give evidence against them.
"That is why the Scottish Government will act to close this loophole. Changing the law will boost protection for children and prevent couples covering up for each other.
"It is the duty and responsibility of every citizen to protect our children and prevent crime. It is entirely unreasonable that where a child is assaulted or a crime committed justice is thwarted due to a marriage. That loophole needs to be closed for justice to be served.
"Marriage is an important institution and should not be a means of avoiding answering awkward questions in court."
Michael Sheridan, Secretary of the Scottish Law Agents Society said:
"Logic dictates that any spouse or partner is either competent and compellable in all circumstances or in none. Therefore it is right that they will no longer be able to refuse to give evidence against their partner."
On June 27, 2006, the previous Scottish Executive issued a short consultation paper on the issue of spousal compellability.
The consultation ended on 19 September 2006 and 15 responses were received.
Following the consultation on possible changes to the law, the Scottish Government has decided to repeal Section 264 of the Criminal Procedure (Scotland) Act 1995 and Section 130 of the Civil Partnership Act 2004.
The Scottish Government will take an early legislative opportunity to repeal the law. This will mean that spouses and civil partners will no longer be able to refuse to give evidence against their other half.
Related Information
The Scottish Government will take an early legislative opportunity to repeal the law which exempts spouses from giving evidence against their partner.
Currently a husband, wife or civil partner can only be required to give evidence against their other half if they are the victim of an offence by their partner.
Justice Secretary Kenny MacAskill said:
"For too long, spouses have been able to escape justice thanks to laws that mean their other half does not have to give evidence against them.
"This is not acceptable and has resulted in the past in people marrying their partners prior to trial for example on a charge of abusing their children just to avoid having to give evidence against them.
"That is why the Scottish Government will act to close this loophole. Changing the law will boost protection for children and prevent couples covering up for each other.
"It is the duty and responsibility of every citizen to protect our children and prevent crime. It is entirely unreasonable that where a child is assaulted or a crime committed justice is thwarted due to a marriage. That loophole needs to be closed for justice to be served.
"Marriage is an important institution and should not be a means of avoiding answering awkward questions in court."
Michael Sheridan, Secretary of the Scottish Law Agents Society said:
"Logic dictates that any spouse or partner is either competent and compellable in all circumstances or in none. Therefore it is right that they will no longer be able to refuse to give evidence against their partner."
On June 27, 2006, the previous Scottish Executive issued a short consultation paper on the issue of spousal compellability.
The consultation ended on 19 September 2006 and 15 responses were received.
Following the consultation on possible changes to the law, the Scottish Government has decided to repeal Section 264 of the Criminal Procedure (Scotland) Act 1995 and Section 130 of the Civil Partnership Act 2004.
The Scottish Government will take an early legislative opportunity to repeal the law. This will mean that spouses and civil partners will no longer be able to refuse to give evidence against their other half.
Related Information
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