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Complete 9 pages APA formatted article: The Current Law on Spousal Compellability.
Complete 9 pages APA formatted article: The Current Law on Spousal Compellability. Section 80 (1) enables the spouse of an accused to give evidence subject to section 80 (4) which says that a person charged shall not be compelled to give evidence by invoking sections 80 (2) and 80 (2 A). Section 80 (2) names spouse or civil partner of the accused as compellable to give evidence on behalf of the accused. Section 80 (2A) (a) states that the said spouse can be compelled to give evidence for any other accused in the same proceedings provided it is for the offense of which his/her spouse has been charged. 80 (2) (b) says that the spouse of the accused can be compelled to give evidence for the prosecution only for certain offenses specified in section 80 (3) for which any person has been charged. The specific offenses are assault, injury or threat of injury, sexual offense, attempt or conspiracy to commit, aiding, abetting, counseling, procuring or inciting the commission of these offenses against a spouse or civil partner or any person who was less than 16 years at the material time. If the person ceases to be a spouse or civil partner, the prohibition against compellability also ceases. In the event of the spouse of the accused not giving the evidence, it shall not be commented on by the prosecution. With these provisions section 1 (d) of the Criminal Evidence Act 1898 (communications between husband and wife) and 43 (1) the Matrimonial Causes Act, 1965 are repealed. The sexual offenses mentioned are the ones mentioned in the Sexual offenses Act 1956, Indecency with Children Act 1960, Sexual Offences Act 1967, section 54 of the Criminal Law Act 1977 or Protection of Children Act 1978 or part 1 of Sexual Offences Act 2003.4
In view of the above provisions, it follows that the spouse of a person charged in the proceedings is compellable to give evidence for the prosecution in respect of those proceedings only for the specified offenses mentioned in section 80 (3) above. . .
