Part 3Civil partnership: Scotland

Chapter 6Miscellaneous and interpretation

Miscellaneous

130Civil partner of accused a competent witness

1

The civil partner of an accused may be called as a witness—

a

by the accused, or

b

without the consent of the accused, by a co-accused or by the prosecutor.

2

But the civil partner is not a compellable witness for the co-accused or for the prosecutor and is not compelled to disclose any communication made, while the civil partnership subsists, between the civil partners.

3

The failure of a civil partner of an accused to give evidence is not to be commented on by the defence or the prosecutor.