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The law of evidence and the victim of domestic abuse

In: Research Handbook on Domestic Violence and Abuse

Author

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  • Tony Ward
  • Natalie Wortley

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.

Suggested Citation

  • Tony Ward & Natalie Wortley, 2024. "The law of evidence and the victim of domestic abuse," Chapters, in: Mandy Burton & Vanessa Bettinson & Kayliegh Richardson & Ana Speed (ed.), Research Handbook on Domestic Violence and Abuse, chapter 24, pages 418-434, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21920_24
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    File URL: https://www.elgaronline.com/doi/10.4337/9781035300648.00032
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    Keywords

    Law - Academic;

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