HL Deb 27 March 1893 vol 10 cc1158-9

Order of the Day for the Third Reading read.

Bill read 3a.

THE LORD CHANCELLOR

My Lords, I have to propose some Amendments, of which notice has been given; they are purely verbal Amendments, and are really as to matters of detail. They are for this purpose: both in England and Scotland husbands and wives of persons charged are now compellable to give evidence. Under the present Bill they can only give evidence with the consent of the person charged. The intention is to keep it in accordance with the previous law.

Moved, in Clause 1, page 1, line 11, after ("not") to insert ("save as in this Act mentioned"); line 13, leave out from ("charged") to the end of line 16; at end of Clause I, insert the following clause:— (1.) "The wife or husband of a person charged with an offence under any enactment mentioned in the First Schedule to this Act may be called as a witness without the consent of the person charged; (2.) Nothing in this Act shall effect a case where the wife or husband of a person charged with an offence may at common law be called as a witness without the consent of the person charged.

FIRST SCHEDULE.
ENACTMENTS REFERRED TO.
Session and Chapter. Short Title. Enactments referred to.
5 Geo. 4. c. 83. The Vagrancy Act, 1824. The enactment punishing a man for neglecting to maintain or deserting his wife.
8 & 9 Vict. c. 83. Poor Law (Scotland) Act, 1845 Section eighty.
24 & 25 Vict. c. 100. The Offences against the Person Act, 1861. Sections forty-eight to fifty-five.
48 & 49 Vict. c. 69. The Criminal Law Amendment Act, 1885. The whole act.

Second Schedule, page 4, line 9, insert:

52 & 53 Vict. c. 44. The Prevention of Cruelty to, and Protection of, Children Act, 1889. Section seven, down to "compellable and."

Amendments agreed to.

Bill passed, and sent to the Commons.