The Criminal Evidence Act 1898, sec. 4, declares that ‘the wife or husband of a person charged with an offence under any enactment mentioned in the schedule to this Act may be called as a witness either for the prosecution or the defence and without the consent of the person charged.’
Held ( rev. judgment of the Court of Criminal Appeal- Lord Alverstone, C.J., Hamilton and Bankes, JJ.) that a husband or wife cannot be compelled to testify against his will.
Judges:
Lord Chancellor (Loreburn), Earl of Halsbury, Lords Macnaghten, Atkinson, Shaw, and Robson
Citations:
[1912] UKHL 1032, 49 SLR 1032
Links:
Jurisdiction:
England and Wales
Criminal Evidence
Updated: 25 April 2022; Ref: scu.619230