... wife's legal identity and interest was included with that of the husband. Since the accused was incompetent to testify because of his interests in the trial, the law followed the logic that this extended the rule to the spouse who would then be unable to testify against her husband1. In Hale's Pleas of the Crown2, four reasons are given for the general incompetency of a wife: - (i) the unity of husband and wife; (ii) if the ordinary rule relating to witnesses applied it would lead to implacable discord and dissension; (iii) the great danger of perjury; (iv) the extreme hardship of the case and a feeling of natural repugnance in applying the ordinary rule. Development During the 19th century various enactments, were put in place, which resulted in the spouse becoming competent for the prosecution but only in certain cases. For example the Criminal Evidence Act 1898 provided ...

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