ABSTRACT
Section 14(1) of the Civil Evidence Act 1968, which is declaratory of the common law,4 describes the privilege as the right of a person in any legal proceedings, other than criminal proceedings, to refuse to answer any question, or produce any document or thing, if to do so would tend to expose that person to proceedings for an offence or for the recovery of a penalty. Section 14 extends the privilege in civil proceedings to protect a person’s spouse. At common law the privilege was restricted to the person claiming it.5
