For each of sections 143 and 348 of the 1975 Act there shall be substituted the following section (with the appropriate section number)—
(1)The spouse of a person charged with an offence may be called as a witness—
(a)by that person ;
(b)by a co-accused or by the prosecutor without the consent of that person.
(2)Nothing in this section shall—
(a)make the spouse of an accused a compellable witness for a co-accused or for the pro- secutor in a case where such spouse would not be so compellable at common law;
(b)compel a spouse to disclose any communication made between the spouses during the marriage.
(3)The failure of the spouse of an accused to give evidence shall not be commented on by the defence or the prosecutor.”.
Modifications etc. (not altering text)
C1The text of ss. 6, 11, 13–22, 24, 25, 27–30, 33–38, 40, 43, 45(1), (3), 46(1)(e)(f), (2), 47–51, 53, 54, 56, 57, 79, 83(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.