Chapter 7 key debates

Competence and compellability, special measures

Topic

Development of victims’ rights as part of criminal justice

Author

K Starmer

Viewpoint

The author demonstrates how, over the past two decades, criminal law and evidence law have developed the concept of victims’ rights as an integral part of positive human rights protection. This presents a challenge to the basic common law criminal justice model which has been in place in common law countries for centuries. Doorson v Netherlands (1996) is acknowledged as a landmark case in this sphere but much remains still to be done.

Source

‘Human Rights, Victims and the Prosecution of Crime in the 21st Century’ [2014] Crim LR 777

Topic

The law on competence and compellability for spouses and civil partners

Author

J Brabyn

Viewpoint

The author argues that it is important that the law in this area should continue to be based on helping to preserve marriages and that the case of R v L (2009) demonstrates the difficulties which arise in trying to achieve this objective.

Source

‘A Criminal Defendant’s Spouse as a Prosecution Witness’ [2011] Crim LR 613

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