(1) This Sub-Part shall apply in relation to the parties to a marriage, and to property belonging to the wife or husband whether or not by reason of an interest derived from the marriage, as it would apply if they were not married and any such interest subsisted independently of the marriage.
(2) Subject to subsection (4), a person shall have the same right to bring proceedings against that person's wife or husband for any offence (whether under this Sub-Part or otherwise) as if they were not married, and a person bringing any such proceedings shall be competent to give evidence for the prosecution at every stage of the proceedings.
(3) Where a person is charged in proceedings not brought by that person's wife or husband with having committed any offence with reference to that person's wife or husband or to property belonging to the wife or husband, the wife or husband shall be competent to give evidence at every stage of the proceedings, whether for the defence or for the prosecution, and whether the accused is charged solely or jointly with any other person.
(4) Despite subsection (3)—
(a) the wife or husband shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to him or her during the marriage by the accused; and
(b) his or her failure to give evidence shall not be made the subject of any comment by the prosecution.
(5) Subject to subsections (6) and (7), proceedings shall not be instituted against a person for any offence of stealing or doing unlawful damage to property which at the time of the offence belongs to that person's wife or husband, or for any attempt, incitement or conspiracy to commit such an offence, unless the proceedings are instituted by or with the consent of the Director of Public Prosecution.
(6) The provisions of subsection (5) shall not apply where there is in existence in relation to the husband and wife—
(a) a decree nisi of divorce or nullity granted under the Divorce Act;
(b) a decree of judicial separation granted under the Civil Code;
(c) a separation agreement; or
(d) a protection order or a peace binding order or an order for the husband not to molest his wife or have sexual intercourse with her or an order for the wife not to molest her husband or have sexual intercourse with him.
(7) The provisions of subsection (5)—
(a) shall not apply to proceedings against a person for an offence–
(i) if that person is charged with committing the offence jointly with the wife or husband, or
(ii) if by virtue of any judicial decree or order (wherever made) that person and the wife or husband are at the time of the offence under no obligation to cohabit; and
(b) shall not prevent the arrest, or the issue of a warrant for the arrest of a person for an offence, or the remand in custody or on bail of a person charged with an offence, where the arrest (if without a warrant) is made, or the warrant of arrest issues on an information laid by a person other than the wife or husband.