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(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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