Version Superseded: 28/03/2011
Point in time view as at 04/05/2006. This version of this provision has been superseded.
Civil Partnership Act 2004, Section 130 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(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.
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