Verdict.
Prom Schedule.
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property belonging to the wife or husband, the wife or husband shall be competent to give evidence at every stage of the pro- ceedings, whether for the defence or for the prosecution, and whether the accused is charged solely or jointly with any other person:
Provided that—
(a) the wife or husband (unless compellable at common law) shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to her or him during the marriage by the accused; and (D) her or his failure to give evidence shall not be made the
subject of any comment by the prosecution.
(4) Proceedings shall not be instituted against a person for any offence of stealing or doing unlawful damage to property which at the time of the offence belongs to that person's wife or husband, or for any allempt, incilement or conspiracy to commit such an offence, unless the proceedings are instituted by or with the consent of the Attorney General:
Provided that-
(a)
this subsection shall not apply to proceedings against a person for an offence-
(i) if that person is charged with committing the offence jointly with the wife or husband: or
(ii) if by virtue of any judicial decree or order (wherever made) that person and the wife or husband are at the time of the offence under no obligation to cohabit; and
(b) this subsection shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for an offence, or the remand in custody or admission to bail of a per- son charged with an offence, where the arrest (if withoul a warrant) is made, or the warrant of arrest issues on an information laid, by a person other than the wife or husband.
32. (1) If on the trial of any information, charge or indict- ment for an offence specified in the first column of the First Schedule it is proved that the accused is not guilty of that offence but guilty of one of the offences specified opposite thereto in the second column of that Schedule or of attempting or being a party to an offence so specified, the accused shall be acquitted of the offence originally charged and shall be convicted of such other offence or of attempting or being a party to such other offence and be liable to be punished accordingly.
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(2) The references in the First Schedule to numbered scc- tions and subsections shall be construed to include every offence under the section or subsection so numbered in this Ordinance.
(3) Nothing in this section or in the First Schedule shall exclude the application to any offence of any other law authoriz ing a person to be found guilty of an offence other than that with which he is charged.
33. (1) A person shall not be excused, by reason that to do so may incriminate that person or the wife or husband of that person of an offence under this Ordinance-
(a) from answering any question put to that person in proceedings for the recovery or administration of any properly, for the execution of any trust or for an account of any property or dealings with property; or (6) from complying with any order made in any such pro-
ceedings,
but no statement or admission made by a person in answering a question put or complying with an order made as aforesaid shall, in proceedings for an offence under this Ordinance, be admissible in evidence against that person or (unless they married after the making of the statement or admission) against the wife or husband of that person.
(2) Notwithstanding any enactment to the contrary, where property has been stolen or obtained by fraud or other wrongful means, the title to that or any other property shall not be affected by reason only of the conviction of the offender.
34. (1) The following offences at common law are hereby abolished for all purposes not relating to offences committed before the commencement of this Ordinance, that is to say, any offence at common law of larceny, robbery, burglary, receiving stolen property, obtaining property by threats, extortion by colour of office or franchise, false accounting by public officers, conceal- ment of treasure trove and, except as regards offences relating to the public revenue, cheating.
(2) Except as regards offences committed before the com- mencement of this Ordinance, and except as the context otherwise requires
(a) references in any enactment passed before this Ordio-
ance to an offence abolished or contained in any provi sion repealed by this Ordinance shall, subject to any express amendment or repeal made by this Ordinance. have effect as references to the corresponding offence
Effect on civil proceedings and rights. 1968. 2. 60. ». 31.
Effect on existing law and construction of references to offences.
1968, 2, 69. 1. 22.