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The Police and Criminal Evidence (Northern Ireland) Order 1989
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Changes to legislation:
The Police and Criminal Evidence (Northern Ireland) Order 1989, Section 79 is up to date with all changes known to be in force on or before 23 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 79:
- various legislation applied by 2016 c. 18 (N.I.) s. 161(2)(a)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Order applied by 2016 c. 18 (N.I.) s. 150(1)(a)
- Order excluded by 2012 c. 9 Sch. 1 para. 7(5)
- Order extended by 2003 c. 6 Sch. 4 para. 23A (as inserted) by S.I. 2007/912 (N.I.) Sch. 4 para. 5
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 2A para. 1(4) inserted by 2015 c. 9 (N.I.) s. 83(3)(a)(ii)
- Sch. 2A para. 2(2)(c) and word inserted by 2015 c. 9 (N.I.) s. 83(3)(b)(ii)
- Sch. 2A para. 9(4) inserted by 2015 c. 9 (N.I.) s. 83(3)(c)(ii)
- Sch. 2A para. 10(5) inserted by 2015 c. 9 (N.I.) s. 83(3)(d)(ii)
- Sch. 2A para. 2(2)(b) words substituted by 2015 c. 9 (N.I.) s. 83(3)(b)(i)
- art. 62(10(ab) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(3)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
- art. 3(9ZA)(9ZB) inserted by 2019 c. 17 s. 12(5)
- art. 19(1)(cc) inserted by S.I. 2007/916 (N.I.) art. 18(2)
- art. 53(3A)(3B) inserted by 2013 c. 7 (N.I.) Sch. 3 para. 1(3)
- art. 53(3A) inserted by 2010 c. 17 s. 15(4)
- art. 53(4) inserted by 2010 c. 17 s. 9(6)
- art. 53B inserted by 2013 c. 7 (N.I.) Sch. 3 para. 3
- art. 56(13A)(b)(iii) and word substituted for word by 2015 c. 9 (N.I.) Sch. 2 para. 6(1)(b)
- art. 56(13A)(b)(iii) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(1)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
- art. 56A(9)(b)(iii) and word substituted for word by 2015 c. 9 (N.I.) Sch. 2 para. 6(2)(b)
- art. 56A(9)(b)(iii) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(2)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
- art. 61(5A) inserted by 2010 c. 17 s. 8(1)
- art. 61(5A)(b) words substituted by 2015 c. 9 (N.I.) s. 83(1)(a)
- art. 61(5B) inserted by 2010 c. 17 s. 8(2)
- art. 61(5B)(b) words substituted by 2015 c. 9 (N.I.) s. 83(1)(a)
- art. 61(5C) inserted by 2015 c. 9 (N.I.) s. 83(1)(b)
- art. 61(6)-(6ZD) substituted for art. 61(6) by 2010 c. 17 s. 8(3)
- art. 61(6D)-(6G) inserted by 2010 c. 17 s. 9(1)
- art. 61(6BA) inserted by 2008 c. 28 s. 12(2) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
- art. 62(2A) (2B) inserted by 2010 c. 17 s. 9(2)
- art. 62(10)(ab) inserted by 2015 c. 9 (N.I.) Sch. 2 para. 6(3)(b)
- art. 62(10)(ab) words substituted in earlier affecting provision 2015 c. 9 (N.I.), Sch. 2 para. 6(3)(b) by 2022 c. 4 (N.I.) s. 4(9)(e)
- art. 63(3A)(c)(i) word substituted by 2013 c. 7 (N.I.) Sch. 3 para. 4
- art. 63(3B)-(3BD) substituted for art. 63(3B) by 2010 c. 17 s. 8(7)
- art. 63(3C) inserted by 2008 c. 28 s. 12(3) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
- art. 63(3D)-(3G) inserted by 2010 c. 17 s. 9(4)
- art. 63(3AA) inserted by 2015 c. 9 (N.I.) s. 83(2)(c)
- art. 63(3ZA) inserted by 2010 c. 17 s. 8(5)
- art. 63(3ZA)(b)(iii) and word inserted by 2015 c. 9 (N.I.) s. 83(2)(a)
- art. 63A(1E) (1F) inserted by 2010 c. 17 s. 11(1)
- art. 63A(6A) inserted by 2008 c. 28 s. 12(4)(b) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
- art. 63B-63R inserted by 2013 c. 7 (N.I.) Sch. 2
- art. 63D(1)(a) substituted by 2019 c. 3 Sch. 2 para. 5(2)(a)
- art. 63D(1)(a)(i) words inserted by S.I. 2023/1386 Sch. para. 9(5)(a) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
- art. 63D(14) words inserted by 2019 c. 3 Sch. 2 para. 5(2)(b)
- art. 63D(14) words inserted by S.I. 2023/1386 Sch. para. 9(5)(b) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
- art. 63N substituted by 2015 c. 9 (N.I.) s. 86
- art. 63R(4A) inserted by 2019 c. 3 Sch. 4 para. 20(9)
- art. 63R(4B) inserted by 2023 c. 32 Sch. 18 para. 5(8) (This amendment not applied to legislation.gov.uk. The insertion of art. 63R by 2013 c. 7 (N.I.) Sch. 2 remains prospective at 31.12.2023.)
- art. 63R(5) words substituted by 2015 c. 9 (N.I.) s. 87(a)
- art. 63R(5A)(5B) inserted by 2015 c. 9 (N.I.) s. 87(b)
- art. 63DA inserted by 2019 c. 3 Sch. 2 para. 5(3)
- art. 63DA heading words inserted by S.I. 2023/1386 Sch. para. 9(6)(a) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
- art. 63DA(1)(a) words inserted by S.I. 2023/1386 Sch. para. 9(6)(b) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
- art. 63DA(4) words inserted by S.I. 2023/1386 Sch. para. 9(6)(c) (This amendment not applied to legislation.gov.uk. The insertions of ss. 63D and 63DA by 2013 c. 7 (N.I.), Sch. 2 and 2019 c. 3, Sch. 2 para. 5 respectively are still prospective)
- art. 63GA inserted by 2015 c. 9 (N.I.) s. 84
- art. 63KA inserted by 2015 c. 9 (N.I.) s. 85
- art. 64(1AA) inserted by 2008 c. 28 s. 12(5) (This amendment not applied to legislation.gov.uk. S. 12 omitted (14.12.2011) by virtue of 2011 c. 23, ss. 29, 31(2), Sch. 7 para. 5(3))
- art. 64(1AB) inserted by 2008 c. 28 s. 15(5)
- art. 89(2A) inserted by 2013 c. 7 (N.I.) Sch. 3 para. 5
F1. . . compellability of accused's spouse[F2 or civil partner]N.I.
79.—(1) F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(2) In any proceedings the[F5 spouse or civil partner] of a person charged in the proceedings shall, subject to paragraph (4), be compellable to give evidence on behalf of that person.
(2A) In any proceedings the[F5 spouse or civil partner] of a person charged in the proceedings shall, subject to paragraph (4), 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[F5 spouse or civil partner] of a person charged in any proceedings, an offence is a specified offence for the purposes of paragraph (2A) if—
(a)it involves an assault on, or injury or a threat of injury to, the[F5 spouse or civil partner] 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 sub-paragraph (a) or (b).
(4) No person who is charged in any proceedings shall be compellable by virtue of paragraph (2) or (2A) to give evidence in the proceedings.
(4A) References in this Article 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).]
(5) In any criminal proceedings a person who has been but is no longer married to the accused shall beF6. . . compellable to give evidence as if that person and the accused had never been married.
[F2(5A) In any criminal proceedings a person who has been but is no longer the civil partner of the accused shall be compellable to give evidence as if that person and the accused had never been civil partners.]
(6) Where in any criminal proceedings the age of any person at any time is material for the purposes of paragraph (3), his age at the material time shall for the purposes of that provision be deemed to be or to have been that which appears to the court to be or to have been his age at that time.
(7) F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) Proviso (d) in section 1 of the Criminal Evidence Act (Northern Ireland) 1923F8 (communications between husband and wife) and section 7(2) of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1951F9 so far as it is unrepealed (evidence as to marital intercourse) shall cease to have effect.
F1Words in art. 79 omitted (4.5.2010) by virtue of Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)), arts. 1(2), 40(1), Sch. 1 para. 3(4); S.R. 2010/142, art. 2, Sch. paras. 2, 5(1)(b)
F3Art. 79(1) repealed (4.5.2010) by Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)), arts. 1(2), 40(1)(3), Sch. 1 para. 3(2), Sch. 3; S.R. 2010/142, art. 2, Sch. paras. 2, 4, 5(1)(b), 7(1)(b)
F4Art. 79(2)-(4A) substituted (4.5.2010) for art. 79(2)-(4) by Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)), arts. 1(2), 40(1), Sch. 1 para. 3(3); S.R. 2010/142, art. 2, Sch. paras. 2, 5(1)(b)
F6Words in art. 79(5) repealed (4.5.2010) by Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)), arts. 1(2), 40(1)(3), Sch. 1 para. 3(4), Sch. 3; S.R. 2010/142, art. 2, Sch. paras. 2, 4, 5(1)(b), 7(1)(b)
F7Art. 79(7) repealed (4.5.2010) by Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)), arts. 1(2), 40(1)(3), Sch. 1 para. 3(2), Sch. 3; S.R. 2010/142, art. 2, Sch. paras. 2, 4, 5(1)(b), 7(1)(b)
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