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.