The law of evidence and the victim of domestic abuse

Tony Ward; Natalie Wortley

doi:10.4337/9781035300648.00032

The law of evidence and the victim of domestic abuse

Tony Ward, Natalie Wortley

Northumbria Law School

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-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 language	English
Title of host publication	Research Handbook on Domestic Violence and Abuse
Editors	Mandy Burton, Vanessa Bettinson, Kayliegh Richardson, Ana Speed
Place of Publication	Cheltenham
Publisher	Edward Elgar
Chapter	24
Pages	418-434
Number of pages	17
ISBN (Electronic)	9781035300648
ISBN (Print)	9781035300631
DOIs	https://doi.org/10.4337/9781035300648.00032
Publication status	Published - 17 Sept 2024

Publication series

Name	Research Handbooks in Family Law
Publisher	Edward Elgar

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 16 Peace, Justice and Strong Institutions

Keywords

Domestic abuse
Vulnerable and intimidated witnesses
Evidential rules
Special measures
Hearsay

Access to Document

10.4337/9781035300648.00032

Cite this

@inbook{3e1b55c9379d411080e12ac08ea39ac5,

title = "The law of evidence and the victim of domestic abuse",

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{\textquoteright}s right to a fair trial.",

keywords = "Domestic abuse, Vulnerable and intimidated witnesses, Evidential rules, Special measures, Hearsay",

author = "Tony Ward and Natalie Wortley",

year = "2024",

month = sep,

day = "17",

doi = "10.4337/9781035300648.00032",

language = "English",

isbn = "9781035300631",

series = "Research Handbooks in Family Law",

publisher = "Edward Elgar",

pages = "418--434",

editor = "Mandy Burton and Vanessa Bettinson and Kayliegh Richardson and Ana Speed",

booktitle = "Research Handbook on Domestic Violence and Abuse",

address = "United Kingdom",

}

The law of evidence and the victim of domestic abuse. / Ward, Tony; Wortley, Natalie.
Research Handbook on Domestic Violence and Abuse. ed. / Mandy Burton; Vanessa Bettinson; Kayliegh Richardson; Ana Speed. Cheltenham: Edward Elgar, 2024. p. 418-434 (Research Handbooks in Family Law).

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

TY - CHAP

T1 - The law of evidence and the victim of domestic abuse

AU - Ward, Tony

AU - Wortley, Natalie

PY - 2024/9/17

Y1 - 2024/9/17

N2 - 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.

AB - 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.

KW - Domestic abuse

KW - Vulnerable and intimidated witnesses

KW - Evidential rules

KW - Special measures

KW - Hearsay

UR - https://www.scopus.com/pages/publications/85216000524

U2 - 10.4337/9781035300648.00032

DO - 10.4337/9781035300648.00032

M3 - Chapter

SN - 9781035300631

T3 - Research Handbooks in Family Law

SP - 418

EP - 434

BT - Research Handbook on Domestic Violence and Abuse

A2 - Burton, Mandy

A2 - Bettinson, Vanessa

A2 - Richardson, Kayliegh

A2 - Speed, Ana

PB - Edward Elgar

CY - Cheltenham

ER -

The law of evidence and the victim of domestic abuse

Abstract

Publication series

UN SDGs

Keywords

Access to Document

Other files and links

Fingerprint

Introduction to the Research Handbook on Domestic Violence and Abuse

Preparing a Public Perception Study inn the use of Violent Resistance as Self-Defence in Domestic Abuse Cases

Research Handbook on Domestic Violence and Abuse

Cite this