2

In any proceedings the wife or husband of a person charged in the proceedings shall, subject to subsection (4) below, be compellable to give evidence on behalf of that person.

2A

In any proceedings the wife or husband of a person charged in the proceedings shall, subject to subsection (4) below, be compellable—

a

to give evidence on behalf of any other person charged in the proceedings but only in respect of any specified offence with which that other person is charged; or

b

to give evidence for the prosecution but only in respect of any specified offence with which any person is charged in the proceedings.

3

In relation to the wife or husband of a person charged in any proceedings, an offence is a specified offence for the purposes of subsection (2A) above if—

a

it involves an assault on, or injury or a threat of injury to, the wife or husband or a person who was at the material time under the age of 16;

b

it is a sexual offence alleged to have been committed in respect of a person who was at the material time under that age; or

c

it consists of attempting or conspiring to commit, or of aiding, abetting, counselling, procuring or inciting the commission of, an offence falling within paragraph (a) or (b) above.

4

No person who is charged in any proceedings shall be compellable by virtue of subsection (2) or (2A) above to give evidence in the proceedings.

4A

References in this section to a person charged in any proceedings do not include a person who is not, or is no longer, liable to be convicted of any offence in the proceedings (whether as a result of pleading guilty or for any other reason).