Project No. 31

Commenced: 1972
Completed: 1977

At common law there was a rule that persons interested in the outcome of proceedings could not be competent witnesses. A major exception to this rule of incompetence arose where a person was charged with an offence against the person, health or liberty of their spouse. The law in Western Australia at the time of the Commission’s inquiry stated that the spouse of an accused was a competent witness for the prosecution or the defence at every stage of criminal proceedings. However, the law governing the compellability of an accused’s spouse to give evidence in criminal proceedings was not as clear.