Remove the special defence of marital Coercion : Repeal Section 47 of the Criminal Justice Act 1925

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Remove the special defence of marital Coercion : Repeal Section 47 of the Criminal Justice Act 1925

Additional Information

The statutory special defence of Coercion, available only to a wife and not to a husband or a civil partner is:

1) Discriminatory on grounds of sex and sexual orientation

2) Unnecessary, as the defence of Duress is available where serious threat was involved

3) Inadequate, as it sets too low a threshold to justify the choice to commit a criminal offence.

The Law Commission (1977) Defences of General Application (Law Com No.83) found 'the defence was not appropriate to modern condtions' and recommended it's abolition.

Remove the special defence of Marital Coercion : Repeal section 47 of the Criminal Justice Act 1925

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