Criminal Procedure (Scotland) Act 1995

264 Spouse of accused a competent witness.S

(1)The spouse of an accused may be called as a witness—

(a)by the accused;

(b)by a co-accused or by the prosecutor without the consent of the accused.

(2)Nothing in this section shall—

(a)make the spouse of an accused a compellable witness for a co-accused or for the prosecutor in a case where such spouse would not be so compellable at common law;

(b)compel a spouse to disclose any communication made between the spouses during the marriage.

(3)The failure of the spouse of an accused to give evidence shall not be commented on by the defence or the prosecutor.

(4)The spouse of a person charged with bigamy may be called as a witness either for the prosecution or the defence and without the consent of the person charged.