20
CAP. 210]
Theft
[1986 Ed.
Verdict.
Schedule.
Effect on civil proceedings and rights.
1968, c. 60, s. 31.
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 (b) 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 attempt, incitement 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 person charged with an offence, where the arrest (if without 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 indictment for an offence specified in the first column of the 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.
(2) The references in the Schedule to numbered sections 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 Schedule shall exclude the application to any offence of any other law authorizing 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--
20
CAP. 210]
Theft
[1986 Ed.
Verdict.
Schedule.
Effect on civil proceedings and rights.
1968, c. 60, s. 31.
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 (b) 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 attempt, incitement 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 person charged with an offence, where the arrest (if without 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 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 attempt- ing or being a party to such other offence and be liable to be punished accordingly.
(2) The references in the Schedule to numbered sections 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 Schedule shall exclude the application to any offence of any other law authorizing 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--
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