Section 130: Civil partner of accused a competent witness

Civil Partnership Act 2004 · 2004 c. 33View on legislation.gov.uk

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

Part 3: Civil partnership: Scotland — Chapter 6: Miscellaneous and interpretation

REPEALED on 2011-03-28 by Criminal Justice and Licensing (Scotland) Act 2010.

The text below is the provision as originally enacted. It is historical and may not include amendments made before this status change. View the enacted source.

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

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

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.

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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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.