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NEWS
05 May 2008

Spousal Privilege on way out

The Scottish Government announced today (Monday 5th)that spouses and civil partners will no longer be able to refuse to give evidence against their other half.

The existing law which permists the privilege loophole is set to be repealed at "an early legislative opportunity", according to a statement issued by the Justice Minister Kenny MacAskill.

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.

"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," MacAskill said.

"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."


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