Evidence.
6. Nothing in this Ordinance shall render any husband competent or compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband, in any criminal proceedings. [5]
7. In no proceedings shall a husband be compellable to disclose any communication made to him by his wife during the marriage nor shall a wife be compellable to disclose any communication made to her by her husband during the marriage. [6]
8. (1) Notwithstanding any rule of law, the evidence of a husband or wife shall be admissible in any proceedings to prove that marital intercourse did or did not take place between them at any period.
(2) Notwithstanding anything in this section or any rule of law, a husband or wife shall not be compellable in any proceedings to give evidence of the matters aforesaid. [6A]
[CAP. 8]
Evidence of husband and wife.
[cf. 14 & 15 Vict. c. 99, s. 3; 16 & 17 Vict. c. 83, s. 2.]
Privilege of husband and wife.
16 & 17 Vict. c. 83, s. 3.
Evidence of access.
12, 13 & 14 Geo. 6, c. 100.
37 of 1950. Schedule.
from crime
6 & 7 Vict. c. 85, s. 1.
9. No person offered as a witness in any proceedings shall be excluded by reason of incapacity from crime or interest from giving evidence, either in person or by deposition, according to the practice of the court, on the trial or hearing of any proceedings or at any stage thereof. [7]
to defendant proceedings.
14 & 15 Vict. c. 99, s. 3.
10. Nothing in this Ordinance shall render any person who in any criminal proceedings is charged with an indictable offence or any offence punishable on summary conviction compellable to give evidence for or against himself, or shall render any person in any proceedings compellable to answer any question tending to criminate himself. [8]
[cf. 14 & 15 s. 3.]
parties and husbands and wives in proceedings for adultery.
32 & 33 Vict. c. 68, s. 3.
11. In any proceedings instituted in consequence of adultery, the parties to such proceedings and the husbands and wives of such parties shall be competent to give evidence in relation thereto : Provided that no such witness, whether a party to the proceedings or not, shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery, unless such witness has already given evidence in the same proceedings in disproof of his or her alleged adultery. [9]
273
Page 5
Page 6