PART IISummary Procedure

Trial Procedure

348Spouse as witness in certain cases

(1)

The spouse of a person charged with—

(a)

bigamy,

(b)

any offence mentioned in Schedule 1 to this Act, or

(c)

any offence under any enactment mentioned in Schedule 4 to this Act,

may be called as a witness either for the prosecution or for the defence without the consent of the person charged.

(2)

Nothing in this section or in section 141 or section 346 of this Act shall affect a case where the spouse of a person charged with an offence may at common law be called as a witness without the consent of that person.