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Clause 1 provides the short title and commencement of the legislation. Clause 2 amends section 2 of the principal Law to insert definitions of the words \u201cdomestic partner\u201d and \u201cdomestic partnership\u201d. Clause 3 amends section 19 of the principal Law to provide that domestic partners of an accused are both competent and compellable to give evidence in criminal proceedings for the prosecution or on behalf of the accused or any person jointly charged with the accused. Clause 4 amends section 42 of the principal Law to provide that domestic partners of parties in civil proceedings in or before any court are both competent and compellable to give evidence on behalf of either or any of the parties to the civil proceedings. Clause 5 amends section 51 of the principal Law to extend the application of the rules of law referred to in section 51(3) of the principal Law to include any rule of law whereby, in a civil proceeding, a question of the existence of a domestic partnership is in issue. In such a civil proceeding, evidence of reputation or family tradition is admissible for the purpose of proving or disproving the existence of the domestic partnership. Clause 6 amends section 53 of the principal Law to apply the rules of evidence in relation to findings of adultery to domestic partnership proceedings. Clause 7 amends section 55 of the principal Law to extend the right against spousal incrimination to parties to a domestic partnership. Evidence (Amendment) Bill, 2020 Arrangement of Clauses Introduced EVIDENCE (AMENDMENT) BILL, 2020 Arrangement of Clauses Clause 1. 2.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Repeal of section 19 and substitution - competence and compellability of accused\u2019s 4.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Amendment of section 51 - admissibility of certain hearsay evidence formerly admissible\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Amendment of section 53 - findings of adultery and paternity as evidence in civil\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Evidence (Amendment) Bill, 2020 Clause 1 Introduced EVIDENCE (AMENDMENT) BILL, 2020 A BILL FOR A LAW TO AMEND THE EVIDENCE LAW (2019 REVISION) AS A CONSEQUENCE OF THE ENACTMENT OF THE DOMESTIC PARTNERSHIP LAW, 2020; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Governor in accordance with section 81 of the Constitution, after consultation with the Premier and with the prior approval of a Secretary of State\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Law may be cited as the Evidence (Amendment) Law, 2020. (2) This Law comes into force immediately after the commencement of the Domestic Partnership Law, 2020.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Amendment of section 2 of the Evidence Law (2019 Revision) - definitions 2. The Evidence Law (2019 Revision), in this Law referred to as the \u201cprincipal Law\u201d, is amended in section 2 by inserting in the appropriate alphabetical sequence the following definitions \u2014 \u201c \u201cdomestic partner\u201d has the meaning assigned by the Domestic Partnership Law, 2020; and \u201cdomestic partnership\u201d has the meaning assigned by the Domestic Partnership Law, 2020;\u201d. Clause 3 Evidence (Amendment) Bill, 2020 Introduced 3. Repeal of section 19 and substitution - competence and compellability of accused\u2019s spouse 3. The principal Law is amended by repealing section 19 and substituting the following section \u2014 \u201cCompetence and compellability of accused\u2019s spouse or domestic partner\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"(1) In any criminal proceedings the wife, husband or domestic partner of the accused shall be competent to give evidence \u2014 (a) subject to subsection (4), for the prosecution; and (b) on behalf of the accused or any person jointly charged with the accused. (2) In any criminal proceedings the wife, husband or domestic partner of the accused shall, subject to subsection (4), be compellable to give evidence on behalf of the accused. (3) In any criminal proceedings the wife, husband or domestic partner of the accused shall, subject to subsection (4), be compellable to give evidence for the prosecution or on behalf of any person jointly charged with the accused if \u2014 (a) the offence charged involves an assault on, or injury or threat of injury to, the wife, husband or domestic partner of the accused or a person who was at the material time under the age of sixteen; (b) the offence charged is a sexual offence alleged to have been committed in respect of a person who was at the material time under that age; or (c) the offence charged consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a) or (b). (4) Where a husband and wife or domestic partners are jointly charged with an offence neither spouse or domestic partner shall, at the trial, be competent or compellable by virtue of subsection (1)(a), (2) or (3) to give evidence in respect of that offence unless that spouse or domestic partner is not, or is no longer, liable to be convicted of that offence at the trial as a result of pleading guilty or for any other reason. (5) In any criminal proceedings a person who has been but is no longer married to the accused or in a domestic partnership with the accused Evidence (Amendment) Bill, 2020 Clause 4 Introduced shall be competent and compellable to give evidence as if that person and the accused had never been married or in a domestic partnership. (6) Where in any criminal proceedings the age of a person at any time is material for the purposes of subsection (3), the age of the person at the material time shall for the purposes of that provision be deemed to be or to have been that which appears to the court to be or have been the person\u2019s age at that time. (7) The failure of the wife, husband or domestic partner of the accused to give evidence shall not be made the subject of any comment by the prosecution.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Amendment of section 42 - parties as witnesses in civil cases 4. The principal Law is amended in section 42 by inserting after the word \u201cspouses\u201d the words \u201cor domestic partners\u201d. 5. Amendment of section 51 - admissibility of certain hearsay evidence formerly admissible at common law 5. The principal Law is amended in section 51(4)(b) as follows \u2014 (a) by inserting after the word \u201cmarriage\u201d where it twice appears the words \u201cor domestic partnership\u201d; and (b) by deleting the words \u201c, as the case may be\u201d. 7. Amendment of section 53 - findings of adultery and paternity as evidence in civil proceedings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"The principal Law is amended in section 53 as follows \u2014 (a) in subsection (1)(a), by inserting after the word \u201cmatrimonial\u201d the words \u201cor a domestic partnership\u201d; (b) in subsection (2)(b), by inserting after the word \u201cmatrimonial\u201d the words \u201c, domestic partnership\u201d; and (c) in subsection (3), by inserting after the word \u201cmatrimonial\u201d the words \u201c, domestic partnership\u201d. 8. Amendment of section 55 - privilege against incrimination of self or spouse, etc. 7. The principal Law is amended in section 55 as follows \u2014 (a) in the section heading, by inserting after the word \u201cspouse\u201d the words \u201cor domestic partner\u201d; and Clause (b) Evidence (Amendment) Bill, 2020 Introduced (b) in subsections (1), (3) and (4) by deleting the words \u201cor wife\u201d wherever they appear and substituting the words \u201c, wife or domestic partner.\u201d. 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In such\na civil proceeding, evidence of reputation or family tradition is admissible for the purpose\nof proving or disproving the existence of the domestic partnership.\nClause 6 amends section 53 of the principal Law to apply the rules of evidence in relation\nto findings of adultery to domestic partnership proceedings.\nClause 7 amends section 55 of the principal Law to extend the right against spousal\nincrimination to parties to a domestic partnership.\n\nEvidence (Amendment) Bill, 2020\nArrangement of Clauses\n\nc\nIntroduced\nPage 5\n\nCAYMAN ISLANDS\n\nEVIDENCE (AMENDMENT) BILL, 2020\n\nArrangement of Clauses\nClause\nPage\n1.\nShort title and commencement ..................................................................................................7\n2.\nAmendment of section 2 of the Evidence Law (2019 Revision) - definitions ...............................7\n3.\nRepeal of section 19 and substitution - competence and compellability of accused\u2019s\nspouse .......................................................................................................................................8\n4.\nAmendment of section 42 - parties as witnesses in civil cases ...................................................9\n5.\nAmendment of section 51 - admissibility of certain hearsay evidence formerly admissible\nat common law ..........................................................................................................................9\n7.\nAmendment of section 53 - findings of adultery and paternity as evidence in civil\nproceedings ...............................................................................................................................9\n8.\nAmendment of section 55 - privilege against incrimination of self or spouse, etc. .......................9\n\nEvidence (Amendment) Bill, 2020\nClause 1\n\nc\nIntroduced\nPage 7\n\nCAYMAN ISLANDS\n\nEVIDENCE (AMENDMENT) BILL, 2020\n\nA BILL FOR A LAW TO AMEND THE EVIDENCE LAW (2019 REVISION) AS A\nCONSEQUENCE OF THE ENACTMENT OF THE DOMESTIC PARTNERSHIP LAW,\n2020; AND FOR INCIDENTAL AND CONNECTED PURPOSES\nENACTED by the Governor in accordance with section 81 of the Constitution, after\nconsultation with the Premier and with the prior approval of a Secretary of State\n1.\nShort title and commencement\n1.\n(1) This Law may be cited as the Evidence (Amendment) Law, 2020.\n(2) This Law comes into force immediately after the commencement of the\nDomestic Partnership Law, 2020.\n2.\nAmendment of section 2 of the Evidence Law (2019 Revision) - definitions\n2.\nThe Evidence Law (2019 Revision), in this Law referred to as the \u201cprincipal Law\u201d, is\namended in section 2 by inserting in the appropriate alphabetical sequence the\nfollowing definitions \u2014\n\u201c \u201cdomestic partner\u201d has the meaning assigned by the Domestic\nPartnership Law, 2020; and\n\u201cdomestic partnership\u201d has the meaning assigned by the Domestic\nPartnership Law, 2020;\u201d.\n\nClause 3\nEvidence (Amendment) Bill, 2020\n\nPage 8\nIntroduced\nc\n\n3.\nRepeal of section 19 and substitution - competence and compellability of\naccused\u2019s spouse\n3.\nThe principal Law is amended by repealing section 19 and substituting the following\nsection \u2014\n\n\u201cCompetence and compellability of accused\u2019s spouse or\ndomestic partner\n19. (1) In any criminal proceedings the wife, husband or domestic partner of\nthe accused shall be competent to give evidence \u2014\n(a)\nsubject to subsection (4), for the prosecution; and\n(b) on behalf of the accused or any person jointly charged with the\naccused.\n(2) In any criminal proceedings the wife, husband or domestic partner of\nthe accused shall, subject to subsection (4), be compellable to give\nevidence on behalf of the accused.\n(3) In any criminal proceedings the wife, husband or domestic partner of\nthe accused shall, subject to subsection (4), be compellable to give\nevidence for the prosecution or on behalf of any person jointly\ncharged with the accused if \u2014\n(a)\nthe offence charged involves an assault on, or injury or threat\nof injury to, the wife, husband or domestic partner of the\naccused or a person who was at the material time under the age\nof sixteen;\n(b) the offence charged is a sexual offence alleged to have been\ncommitted in respect of a person who was at the material time\nunder that age; or\n(c)\nthe offence charged consists of attempting or conspiring to\ncommit, or of aiding, abetting, counselling, procuring or\ninciting the commission of, an offence falling within paragraph\n(a) or (b).\n(4) Where a husband and wife or domestic partners are jointly charged\nwith an offence neither spouse or domestic partner shall, at the trial,\nbe competent or compellable by virtue of subsection (1)(a), (2) or (3)\nto give evidence in respect of that offence unless that spouse or\ndomestic partner is not, or is no longer, liable to be convicted of that\noffence at the trial as a result of pleading guilty or for any other\nreason.\n(5) In any criminal proceedings a person who has been but is no longer\nmarried to the accused or in a domestic partnership with the accused\n\nEvidence (Amendment) Bill, 2020\nClause 4\n\nc\nIntroduced\nPage 9\n\nshall be competent and compellable to give evidence as if that person\nand the accused had never been married or in a domestic partnership.\n(6) Where in any criminal proceedings the age of a person at any time is\nmaterial for the purposes of subsection (3), the age of the person at\nthe material time shall for the purposes of that provision be deemed\nto be or to have been that which appears to the court to be or have\nbeen the person\u2019s age at that time.\n(7) The failure of the wife, husband or domestic partner of the accused\nto give evidence shall not be made the subject of any comment by the\nprosecution.\u201d.\n4.\nAmendment of section 42 - parties as witnesses in civil cases\n4.\nThe principal Law is amended in section 42 by inserting after the word \u201cspouses\u201d the\nwords \u201cor domestic partners\u201d.\n5.\nAmendment of section 51 - admissibility of certain hearsay evidence\nformerly admissible at common law\n5.\nThe principal Law is amended in section 51(4)(b) as follows \u2014\n(a)\nby inserting after the word \u201cmarriage\u201d where it twice appears the words\n\u201cor domestic partnership\u201d; and\n(b) by deleting the words \u201c, as the case may be\u201d.\n7.\nAmendment of section 53 - findings of adultery and paternity as evidence in\ncivil proceedings\n6.\nThe principal Law is amended in section 53 as follows \u2014\n(a)\nin subsection (1)(a), by inserting after the word \u201cmatrimonial\u201d the words\n\u201cor a domestic partnership\u201d;\n(b) in subsection (2)(b), by inserting after the word \u201cmatrimonial\u201d the words\n\u201c, domestic partnership\u201d; and\n(c)\nin subsection (3), by inserting after the word \u201cmatrimonial\u201d the words \u201c,\ndomestic partnership\u201d.\n8.\nAmendment of section 55 - privilege against incrimination of self or spouse,\netc.\n7.\nThe principal Law is amended in section 55 as follows \u2014\n(a)\nin the section heading, by inserting after the word \u201cspouse\u201d the words \u201cor\ndomestic partner\u201d; and\n\nClause (b)\nEvidence (Amendment) Bill, 2020\n\nPage 10\nIntroduced\nc\n\n(b) in subsections (1), (3) and (4) by deleting the words \u201cor wife\u201d wherever\nthey appear and substituting the words \u201c, wife or domestic partner.\u201d.\n\nAssented to by the Governor the\n\nday of\n\n, 2020.","akn_extracted_at":"2026-06-22 15:41:22.420775+00","cms_id":"2020-0035","law_type":"bill","year":"2020","number":"35","title":"Civil Partnership Act","status":"bill"},"provenance":{"files":[{"file_id":"7034","expr_id":"2235","kind":"akn_xml","filename":"2020-0035.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2020\/2020-0035\/2020-0035.akn.xml","content_md5":"9e79158fad0d52beefcd37a3dfe21ca9","byte_size":"11414","http_last_modified":null,"fetched_at":"2026-06-22 15:41:22.486501+00"},{"file_id":"4469","expr_id":"2235","kind":"pristine_pdf","filename":"2020-0035.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2020\/2020-0035\/2020-0035.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2020\/2020-0035\/2020-0035.pdf","content_md5":"bd1166da22f5c372d2a9b2040ce3343d","byte_size":"744653","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.308473+00"},{"file_id":"4470","expr_id":"2235","kind":"working_pdf","filename":"2020-0035.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2020\/2020-0035\/2020-0035.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2020\/2020-0035\/2020-0035.pdf","content_md5":"bd1166da22f5c372d2a9b2040ce3343d","byte_size":"744653","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.308473+00"}],"paragraph_count":2,"latest_history":null},"quality":{"expr_id":"2235","doc_id":"2235","quality_state":"known_issue","quality_score":"63","needs_human_review":"t","deterministic_categories":"{commencement_metadata_problem,duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_commencement_metadata,verify_title_metadata}","finding_severity_counts":"{\"low\": 3, \"high\": 1}","finding_summary":"stored title is not visible in the opening extracted text; 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