Competence and compellability of witnesses essay writer

Reasons for this position may have been that the wife could suffer serious social and economic difficulties if she were compelled to testify. If all the refinements of the new law now also encompassed in the YJCEA were supported by severe penalties of the interference with the administration of the prosecution, of their witnesses and those who frighten them it would have served as a vital deterrent.

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The possible danger here is that it could lead to unequal treatment of spouse witnesses and accused due to the differences in the exercise of discretion by the judges.

The best college essay class 12th an essay about death school activities. It is quite foreseeable that one or both of the persons in a de facto relationship may be less than 18 years old and should be entitled to object to giving evidence in the same way as an older member of a de facto relationship.

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If all the refinements of the new law now also encompassed in the YJCEA were supported by severe penalties of the interference with the administration of the prosecution, of their witnesses and those who frighten them it would have served as a vital deterrent.

What the case did clarify was the fact the competence and compellability was not synonymous. Under the Act the spouse would be compellable with regard to the charge of violence but not for the stolen goods as there would be no compellability on that matter.

Such an amendment will ensure equal protection in relation to compellability of same-sex and opposite-sex partners of an accused in a criminal matter.

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In the case of a spouse who is competent but not compellable he or she can waive the right not to testify for the prosecution. Chapter one of the long essay which is introductory explains the objectives, focus, extent and limitation of the study as well as the methodology employed in carrying out the research.

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Competence and compellability of witnesses essays

This together with the provision of safe accommodation and also counselling may help to a degree alleviate a traumatic situation for the witness. Despite these appalling injuries the concept of privacy of the family were to have precedence over the spouse who as an individual should have had the basic right to protection.

Broad Scope Digital designs creative logos to help in branding. This threat to the victim is often counter productive, as all the woman is trying to do is protect herself from further violence, where if it boils down to a short stint in prison or the prospect of serious injury who can hold her reprehensible for her choice.

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This is why your business can benefit from a Social Media Advertising Campaign. However Lord Wilberforce in Hoskyn stated, to allow a wife to give evidence against her husband "would give rise to discord and to perjury and would be to ordinary people repugnant".

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Competence and Compellability

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Competence and compellability of witnesses essays. Posted on October 3, by. Essay on values urbanisation in hindi essay about appearance homeless person health essay topic democracy.

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Compellability on the other hands deals with the question whether as a matter of law, witnesses can be obliged to give evidence when they do not wish to do so but there are some circumstances in which competent witnesses cannot be obliged to give evidence against their will.

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Competence and compellability of witnesses essay help. 4. This work seeks to explore the issues relating to competence and compellability under the Nigerian Evidence Act.

The work defines the two terms and sought instances when a. Competence and compellability of witnesses * A person to give evidence in court has to be legally competent, subject to the rules of admissibility.


* A witness is compelled to give evidence, even if it’s against his will.

Competence and compellability of witnesses essay writer
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