The law of evidence and the victim of domestic abuse

Tony Ward, Natalie Wortley

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

In England and Wales, the needs of vulnerable, intimidated, or reluctant witnesses (which includes victims of domestic abuse) can be addressed by the provisions for special measures, such as screening of witnesses at court. There are also ules on the admissibility of hearsay evidence where the victim is unable or unwilling to give testimony at court. This chapter offers a detailed doctrinal analysis of the two areas of law govering special measures and admission of hearsay. It argues that there is considerable scope to improve the position of complainants without infringing the defendant’s right to a fair trial.
Original languageEnglish
Title of host publicationResearch Handbook on Domestic Violence and Abuse
EditorsMandy Burton, Vanessa Bettinson, Kayliegh Richardson, Ana Speed
Place of PublicationCheltenham
PublisherEdward Elgar
Chapter24
Pages418-434
Number of pages17
ISBN (Electronic)9781035300648
ISBN (Print)9781035300631
DOIs
Publication statusPublished - 17 Sept 2024

Publication series

NameResearch Handbooks in Family Law
PublisherEdward Elgar

Keywords

  • Domestic abuse
  • Vulnerable and intimidated witnesses
  • Evidential rules
  • Special measures
  • Hearsay

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