248.This section provides that the civil partner of an accused person may be called as a witness by the accused, a co-accused, or the prosecutor. If a civil partner of an accused is called as a witness, they cannot be forced to give evidence by the co-accused or the prosecutor, and cannot be forced to reveal communications between the civil partners while the civil partnership continues. If a civil partner of an accused person does not give evidence, neither the defence nor the prosecutor can take advantage of this in any submissions to the court.
Commentary on Sections Part 3 - Civil Partnerships: Scotland.Introduction Chapter 6 – Miscellaneous and Interpretation Section 130: Civil partner of accused a competent witness