BA, R v

BA, R v

The compellability of a spouse as a prosecution witness under s.80 of the Police and Criminal Evidence Act 1984 depends on the legal nature of the offence charged, not the factual circumstances; s.2(a) of the Criminal Damage Act 1971 is not a specified offence as it is directed at property and does not involve assault, injury, or threat of injury to the spouse.

Parties
Appellant: Regina; Respondent: BA
Jurisdiction
England and Wales
Judgment Date
11 July 2012
Procedural Posture
Criminal Appeal / Appeal Against Terminating Ruling
Outcome
appeal dismissed
Legal Topics
Compellability of Spouse as Witness, Statutory Interpretation, Specified Offences Under S.80 Police and Criminal Evidence Act 1984
Criminal Law Evidence Law Compellability of Spouse as Witness Statutory Interpretation Specified Offences Under S.80 Police and Criminal Evidence Act 1984

Case Brief

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Parties

Regina

Appellant

BA

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Terminating Ruling

Legal Issues

  1. 1 Whether an offence under s.2(a) of the Criminal Damage Act 1971 is a 'specified offence' under s.80(2A)(b) and (3) of the Police and Criminal Evidence Act 1984, making a spouse compellable as a prosecution witness

Ratio Decidendi

The compellability of a spouse as a prosecution witness under s.80 of the Police and Criminal Evidence Act 1984 depends on the legal nature of the offence charged, not the factual circumstances; s.2(a) of the Criminal Damage Act 1971 is not a specified offence as it is directed at property and does not involve assault, injury, or threat of injury to the spouse.

Court Disposition

appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed; Recorder's ruling upheld