commit such an offence, unless the proceedings are instituted by or with the consent of the Director of Public Prosecutions:
Provided that—
- (a) this subsection 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) 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 or husband.
Effect on civil proceedings and rights. 31.—(1) A person shall not be excused, by reason that to do so may incriminate that person or the wife or husband of that person of an offence under this Act—
- (a) from answering any question put to that person in proceedings for the recovery or administration of any property, for the execution of any trust or for an account of any property or dealings with property; or
- (b) from complying with any order made in any such proceedings;
but no statement or admission made by a person in answering a question put or complying with an order made as aforesaid shall, in proceedings for an offence under this Act, be admissible in evidence against that person or (unless they married after the making of the statement or admission) against the wife or husband of that person.
(2) Notwithstanding any enactment to the contrary, where property has been stolen or obtained by fraud or other wrongful means, the title to that or any other property shall not be affected by reason only of the conviction of the offender.
Effect on existing law and construction of references to offences. 32.—(1) The following offences are hereby abolished for all purposes not relating to offences committed before the commencement of this Act, that is to say—
- (a) any offence at common law of larceny, robbery, offences. burglary, receiving stolen property, obtaining property by threats, extortion by colour of office or franchise,
