CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 12 Abolition of certain privileges.

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CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 12

Abolition of certain privileges.

12.(1) The following rules of law are hereby abrogated except in relation to
criminal proceedings, that is to say

(a)the rule whereby, in any legal proceedings, a person cannot be compelled to
answer any question or produce any document or thing if to do so would tend to
expose him to a forfeiture; and

(b)the rule whereby, in any legal proceedings, a person other than a party to
the proceedings cannot be compelled to produce any deed or other document
relating to his title to any land.

(2) The rule of law whereby, in any civil proceedings, a party to the
proceedings cannot be compelled to produce any document or thing relating
solely to his own case and in no way tending to impeach that case or support
the case of any opposing party is hereby abrogated.

(3) Section 3 of the Evidence (Amendment) Act 1853 (which provides that a
husband or wife shall not be compellable to disclose any communication made to
him or her by his or her spouse during the marriage) shall cease to have
effect except in relation to criminal proceedings.

(4) Section 7(2) of the Law Reform (Miscellaneous Provisions) Act (Northern
Ireland) 1951 (under which a husband or wife is not compellable in any
proceedings to give evidence to prove that marital intercourse did or did not
take place between them during any period) shall cease to have effect except
in relation to criminal proceedings.

(5) A witness in any proceedings instituted in consequence of adultery,
whether a party to the proceedings or not, shall not be excused from answering
any question by reason that it tends to show that he or she has been guilty of
adultery; and accordingly ... residue repeals proviso to s.3 of 1869 c.68;
s.25(1)(pt.) of 1939 c.13 (NI)

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Northern Irish Legislation

CIVIL EVIDENCE ACT (NORTHERN IRELAND) 1971 - SECT 12