Criminal Evidence Act, 1992
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Compellability to give evidence at instance of prosecution. |
22.—(1) In any criminal proceedings the spouse of an accused shall, subject to section 25 , be compellable to give evidence at the instance of the prosecution only in the case of an offence which— | |
(a) involves violence, or the threat of violence, to— | ||
(i) the spouse, | ||
(ii) a child of the spouse or of the accused, or | ||
(iii) any person who was at the material time under the age of 17 years, | ||
(b) is a sexual offence alleged to have been committed in relation to a person referred to in subparagraph (ii) or (iii) of paragraph (a), or | ||
(c) 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). | ||
(2) In any criminal proceedings a former spouse of an accused shall, subject to section 25 , be compellable to give evidence at the instance of the prosecution unless— | ||
(a) the offence charged is alleged to have been committed at a time when the marriage was subsisting and no decree of judicial separation or separation agreement was in force, and | ||
(b) it is not an offence mentioned in subsection (1). | ||
(3) The reference in subsection (1) to a child of the spouse or the accused shall include a reference to— | ||
(a) a child who has been adopted by the spouse or the accused under the Adoption Acts, 1952 to 1991, or, in the case of a child whose adoption by the spouse or the accused has been effected outside the State, whose adoption is recognised in the State by virtue of those Acts, and | ||
(b) a person in relation to whom the spouse or the accused is in loco parentis. |