Married Womens Status Act 1957’
Criminal proceedings for protection of property of married persons.
9.—(1) Subject to subsection (3), every married woman shall have in her own name against all persons whomsoever, including her F6[spouse], the same remedies and redress by way of criminal proceedings for the protection and security of her property as if she were unmarried.
(2) Subject to subsection (3), a husband shall have F6[against his spouse] the same remedies and redress by way of criminal proceedings for the protection and security of his property F6[as if he were unmarried].
F7[(3) No criminal proceedings referred to in subsection (1) or (2) shall be taken by a spouse against the other spouse except by or with the consent of the Director of Public Prosecutions.]
(4) F8[…]
(5) In any indictment or process grounding criminal proceedings in relation to the property of a married woman, it shall be sufficient to allege the property to be her property.
Annotations
Amendments:
F6
Substituted (16.11.2015) by Marriage Act 2015 (35/2015), s. 17(c), S.I. No. 504 of 2015.
F7
Substituted (1.08.2002) by Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001), s. 62, S.I. No. 252 of 2002.
F8
Repealed (7.10.1992) by Criminal Evidence Act 1992 (12/1992), s. 3 and sch., commenced as per s. 1(2).
Editorial Notes:
E5
Previous affecting provision: restriction on disposal of property provided (12.07.1976) by Family Home Protection Act 1976 (27/1976), s. 9(2) and (3), commenced on enactment, where proceedings were issued by either spouse under s. 12 of this Act; now repealed.