Commentary on Sections Schedule 29 – Minor and consequential amendments: Northern Ireland Paragraphs 88 and 89 – Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/ 1341 (N.I. 12))
1131.Article 79 of the Police and Criminal Evidence (Northern Ireland) Order 1989 makes provision in relation to the compellability of the spouse of an accused person to give evidence against the accused. Paragraph 88 amends Article 79 of the 1989 Order to ensure that a civil partner of an accused person is treated in the same manner as a spouse.
1132.Article 79A of the 1989 Order provides that the failure of husband or wife of a person charged in any proceedings to give evidence in the proceedings shall not be made the subject of any comment in the prosecution. Paragraph 89 amends Article 79A so that the failure of an accused person’s civil partner to give evidence shall also not be the subject of comment in the prosecution.