Spouse's privilege rule to end

Husbands and wives to be compellable witnesses against their partners

News, 5 May 2008

Husbands and wives will no longer be able to refuse to give evidence against their spouses charged with criminal offences.

Justice Secretary Kenny MacAskill announced today that the Scottish Government will take an early legislative opportunity to repeal section 264 of the Criminal Procedure (Scotland) Act 1995, which contains the exemption.

Currently a married person can only be required to give evidence against their spouse if they are the victim of an offence by their partner. The rule was extended to couples in civil partnerships, and this is also to be changed.

Justice Secretary Kenny MacAskill said the situation was not acceptable and had resulted in the past in people marrying their partners prior to trial, for example on a charge of abusing their children, just to avoid having to give evidence against them.

"It is the duty and responsibility of every citizen to protect our children and prevent crime", he said. "It is entirely unreasonable that where a child is assaulted or a crime committed justice is thwarted due to a marriage. That loophole needs to be closed for justice to be served.

"Marriage is an important institution and should not be a means of avoiding answering awkward questions in court."

Michael Sheridan, Secretary of the Scottish Law Agents Society said: "Logic dictates that any spouse or partner is either competent and compellable in all circumstances or in none. Therefore it is right that they will no longer be able to refuse to give evidence against their partner."

A consultation on the proposal was begun by the former Scottish Executive. The Scottish Government will take an early legislative opportunity to make the change.