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Marital coercion defence could be scrapped Marital coercion defence could be scrapped
(6 months later)
Chris Grayling, the justice secretary, is considering abolishing the legal defence of "marital coercion" that was unsuccessfully used by Vicky Pryce in her trial for taking speeding points on behalf of her husband.Chris Grayling, the justice secretary, is considering abolishing the legal defence of "marital coercion" that was unsuccessfully used by Vicky Pryce in her trial for taking speeding points on behalf of her husband.
The defence – which is only available to a wife – involves proving that she was forced to break the law by her husband. It is now rarely used and has long been considered a legal anachronism. The Law Commission recommended its abolition as long ago as 1977.The defence – which is only available to a wife – involves proving that she was forced to break the law by her husband. It is now rarely used and has long been considered a legal anachronism. The Law Commission recommended its abolition as long ago as 1977.
A spokesperson for the Ministry of Justice said on Sunday: "The government is looking carefully to see whether the defence of marital coercion is appropriate for modern circumstances."A spokesperson for the Ministry of Justice said on Sunday: "The government is looking carefully to see whether the defence of marital coercion is appropriate for modern circumstances."
The "marital coercion" defence was introduced in 1925. Before that, there was a common law presumption that a wife who committed an offence in the presence of her husband was acting under coercion.The "marital coercion" defence was introduced in 1925. Before that, there was a common law presumption that a wife who committed an offence in the presence of her husband was acting under coercion.
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