Section 265Part 9 — Offences Relating to Property
Husband, wife or civil partner
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265. (1) This Part shall apply in relation to the parties to a marriage or civil partnership, and to property belonging to the wife, husband or civil partner whether or not by reason of an interest derived from the marriage or civil partnership, as it would apply if they were not married or in a civil partnership and any such interest subsisted independently of the marriage.
Subject to subsection (4), a person shall have the same right to bring proceedings against that person’s wife, husband or civil partner for any offence (whether under this Part or otherwise) as if they were not married or in a civil partnership, and a person bringing such proceedings shall be competent to give evidence for the prosecution at every stage of the proceedings.
Where a person is charged in proceedings not brought by that person’s wife, husband or civil partner with having committed any offence with reference to that person’s wife, husband or civil partner or to property belonging to the wife, husband or civil partner, the wife, husband or civil partner 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: Provided that —
the wife, husband or civil partner (unless compellable at common law) shall not be compellable to disclose any communication made to them during the marriage or civil partnership by the accused; and
that person’s failure to give evidence shall not be made the subject of any comment by the prosecution. Section 266 Penal Code (2026 Revision) Page 118 Revised as at 31st December, 2025 c
Proceedings shall not be instituted against any 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, husband or civil partner, 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 Prosecutions: Provided that —
this subsection shall not apply to proceedings against a person for an offence —
if that person is charged with committing the offence jointly with the wife, husband or civil partner; or person and the wife, husband or civil partner are at the time of the offence under no obligation to cohabit; and
if by virtue of any judicial decree or order (wherever made) that
this subsection 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, husband or civil partner.