Section 182 of the Evidence Act 2011 – What it Says and All You Need to Know.
Table of Contents
Section 182 of the Evidence Act 2011 Provides as Follows:
(1) When a person is charged –
(a) with an offence under sections 217, 218, 219, 221, 222, 223, 224, 225, 226, 231, 300, 301, 340, 341, 357 to 362, 369, 370, or 371 of the Criminal Code;
(b) subject to section 36 of the Criminal Code with an offence against the property of his wife or her husband; or
(c) with inflicting violence on his wife or her husband, the wife or husband of the person charged shall be a competent and compellable witness for the prosecution or defence without the consent of the person charged.
(2) When a person is charged with an offence other than one of those mentioned in subsection (1) of this section the husband or wife of such person is a competent and compellable witness but only upon the application of the person charged.
(3) Nothing in this section shall make a husband compellable to disclose any communication made to him by his wife during the marriage or a wife compellable to disclose any communication made to her by her husband during the marriage.
(4) The failure of the wife or husband of any person charged with an offence to give evidence shall not be made the subject of any comment by the prosecution.
Other Relevant Sections:
- Section 183 of the Evidence Act 2011
- Section 184 of the Evidence Act 2011
- Section 185 of the Evidence Act 2011