The prisoner awaited trial. Among the prosecution witnesses was his partner. They now sought to marry. The applicant sought to prevent the marriage on the basis that this would make her non-compellable as a witness.
Held: Public policy considerations did not apply to prevent the marriage. The duty on the registrar to issue a certificate was absolute. Public policy might provide a reason, but did not in this case. Entering into a lawful marriage could not be an attempt to pervert the course of justice. The right to marry is a human right, and it was not for the prison governor to exercise his discretion to prevent it, since such a discretion could not be exercised save on public policy grounds.
Judges:
Dame Butler-Sloss President, Waller LJ, Sir Philip Otton
Citations:
Times 14-Nov-2002, Gazette 23-Jan-2003
Statutes:
Marriage Act 1949 27A(3) 31(2), European Convention on Human Rights 12
Jurisdiction:
England and Wales
Family, Prisons, Evidence, Human Rights
Updated: 30 May 2022; Ref: scu.178142