Monday 20 January 2014

Defence of Marital Coercion to be Abolished

It has been announced that the defence of marital coercion is to be abolished.

The defence was notoriously used unsuccessfully by Vicky Pryce last year, who sought to use the defence to avoid responsibility for accepting speeding points for her ex-husband, the former Secretary of State for Energy and Climate Change, Chris Huhne. Both were subsequently imprisoned for perverting the course of justice. For more information on that story, see this article.

The Defence of Marital Coercion

As I explained in this article, the defence of marital coercion is based on an old legal presumption that any crime committed by a wife in the presence of their husband was under coercion. The presumption was abolished by section 47 of the Criminal Justice Act 1925, but a defence remained. Section 47 provides that in any case apart from treason and murder it is a good defence for a wife to say an offence was committed in the presence of their husband under their coercion. The wife has to show on the balance of probabilities (that it is more likely that not) that their will was overcome by the coercion of the husband to commit the offence.

The defence is widely thought of as out of place in the 21st century. It can only be used by a woman married to a man. The Law Commission has said the defence is not appropriate to modern conditions. Moreover, we are all protected by defence of duress if we commit an offence (not murder, attempted murder or treason) because of a threat of serious harm.

Abolishing the Defence

The Home Office minister Lord Taylor of Holbeach has indicated the Government’s support for the abolition, which will be achieved by an amendment to the Anti-social Behaviour, Crime and Policing Bill.

The amendment was tabled last year by the eminent lawyer, Lord Pannick QC. In response to the decision to abolish the defence, he said: ‘I welcome the Government’s decision to remove an absurd law that should have been abolished a long time ago’.

Conclusion

Abolishing this defence is, in my opinion, the entirely proper thing to do. It is plainly out of date in modern times.

What are your thoughts?

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