Report on competence and compellability of spouses as witnesses
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Report on competence and compellability of spouses as witnesses

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Published by The Law Reform Commission in Dublin .
Written in English


  • Witnesses -- Ireland.,
  • Husband and wife -- Ireland.

Book details:

Edition Notes

StatementThe Law Reform Comission=An Coimisiún um Athchóiriú an Dlí.
LC ClassificationsKDK1688 .A25 1985
The Physical Object
Paginationv, 83 p.
Number of Pages83
ID Numbers
Open LibraryOL19021615M

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REPORT SPOUSE-WITNESSES (Competence and Compellnhility) SECTION 1. INTRODUCTORY. 1. During the first half of last century it became widely recognized that the rules of the Common Law governing the competence and compell­ ability of husbands and wives to give evidence for and against their spouses were highly unsatisfactory1. First, the report says that there should be -no change in the existing law that a spouse is competent to -give evidence for the defence of a spouse in every case. The report goes on to say that a spouse should generally be compellable to testify for the defence of a spouse. Reform Commissioner,Spouse - Witness (Competence and Compellability), Report No. 6, , paragraph The Commissioner considers that the weight of authority favours the view that the spouse is compellable. The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter covers witnesses, who are a principal source of evidence, and the rules relating to their : Maureen Spencer.

In the Committee was asked to consider and report on the law as to the competence and compellability of husband and wife to give evidence in criminal proceedings. Background of Reference At common law there was a rule that persons interested in the outcome of proceedings could not be competent Size: 13KB. COMPETENCE AND 8 COMPELLABILITY 1. Competence 2. Testifying on Oath/A$ rming 3. Compellability Defi nitions Competence The ability to give evidence at trial. Compellability The extent to which a witness can be forced to give evidence at trial, even if they do not wish to do so. competence and compellability of witness 10/01/ pm level, civil litigation, evidence law The giving of oral testimony or testimonial evidence and the production of documents in appropriate cases is done through witnesses. 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 witness will be competent and as well when a witness might be compellable. The author shows that the.

The court will be looking to ensure that the witness can understand the questions put to the witness and likewise the witnesses answers can also be understood s53 (3) YJCEA The court may also rule on whether there is need for any special measure before it rules as to competency s 54 (3) YJCEA /5. In June , the Commission published its Report on The Competence and Compellability of Spouses as Witnesses (LRC 13–) as part of its First Programme of Law Reform. A general scheme of a Bill to reform the law relating to the evidence of spouses in criminal cases was included in an Appendix to the Report. 2. The existing law on competence & compellability in Hong Kong 8 3. The existing law on privileged communications in Hong Kong 28 4. Reasons advanced for and against competence 32 5. Reasons advanced for and against compellability 37 6. Summary of the options for reform in Hong Kong 50 Part II: The spouse as a witness for the defence 7. Witnesses: Competency, Examination, and Impeachment Chapter 12 A. Witness Competency A fact witness is someone who testifies as to what she saw or other-wise perceived about the events underlying a case. Historically, the common law deemed a number of fact witnesses incompetent to testify for fear they would lie under oath. These.