spousal privilege

DM addict

Does the concept of spousal privilege exist in Irish law? If I am privy to privileged information as part of my work, can I share it with my spouse? Am I required to testify against my spouse?

The curiousity of the recently married

Tom Young

Technically, the institution of marriage is protected by the Constitution. It can be raised and often is. In criminal matters certain protections have been dropped.

NoQuarter

You cant be compelled to testify against your spouse. As far as I can remember you cant be a competant witness against your spouse unless its to do with child abuse or offences along those lines.

coylemj

If the wife chooses to she can give evidence against her husband but you are correct in that she cannot be compelled to do so.

ResearchWill

coylemj wrote: »

If the wife chooses to she can give evidence against her husband but you are correct in that she cannot be compelled to do so.

Section 22 Criminal Evidence Act 1992 amended by the Criminal Law (Human Trafficking) Act 2008

http://www.irishstatutebook.ie/1992/en/act/pub/0012/sec0022.html#sec22


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.

Section 23 allows a spouse to be compelable by the defendant, and section 24 allows a co-accused.

LRC did a report in 1985 some of which changed after 1992 Act, but never the less good background info and history.

http://www.lawreform.ie/_fileupload/Reports/rSpousesandWitnesses.htm