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)