Part VIIIU.K. Evidence in Criminal Proceedings—General

MiscellaneousU.K.

80[F1Competence and] compellability of accused’s spouse.U.K.

[F2(1)In any proceedings the wife or husband of the accused shall be competent to give evidence—

(a)subject to subsection (4) below, for the prosecution; and

(b)on behalf of the accused or any person jointly charged with the accused.]

[F3(2)In any proceedings the wife or husband of a person charged in the proceedings shall, subject to subsection (4) below, be compellable to give evidence on behalf of that person.

(2A)In any proceedings the wife or husband of a person charged in the proceedings shall, subject to subsection (4) below, be compellable—

(a)to give evidence on behalf of any other person charged in the proceedings but only in respect of any specified offence with which that other person is charged; or

(b)to give evidence for the prosecution but only in respect of any specified offence with which any person is charged in the proceedings.

(3)In relation to the wife or husband of a person charged in any proceedings, an offence is a specified offence for the purposes of subsection (2A) above if—

(a)it involves an assault on, or injury or a threat of injury to, the wife or husband or a person who was at the material time under the age of 16;

(b)it 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)it 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) above.

(4)No person who is charged in any proceedings shall be compellable by virtue of subsection (2) or (2A) above to give evidence in the proceedings.

(4A)References in this section to a person charged in any proceedings do not include a person who is not, or is no longer, liable to be convicted of any offence in the proceedings (whether as a result of pleading guilty or for any other reason).]

(5)In any proceedings a person who has been but is no longer married to the accused shall be [F4competent and] compellable to give evidence as if that person and the accused had never been married.

(6)Where in any proceedings the age of any person at any time is material for the purposes of subsection (3) above, his age 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 to have been his age at that time.

(7)In subsection (3)(b) above “sexual offence” means an offence under [F5the Sexual Offences Act 1956, the M1Indecency with Children Act M21960, the Sexual Offences Act 1967, section 54 of the M3Criminal Law Act M41977 or] the M5Protection of Children Act 1978 [F6or Part 1 of the Sexual Offences Act 2003] .

[F2(8)The failure of the wife or husband of the accused to give evidence shall not be made the subject of any comment by the prosecution.]

(9)Section 1(d) of the Criminal Evidence Act 1898 (communications between husband and wife) and section 43(1) of the M6Matrimonial Causes Act M71965 (evidence as to marital intercourse) shall cease to have effect.