Criminal Evidence Act 1898

1898 CHAPTER 36 61 and 62 Vict

An Act to amend the Law of Evidence.

[12th August 1898] F1

Textual Amendments

F1 Act repealed (S.), except so far as relating to courts-martial, by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

1 Competency of witnesses in criminal cases. E+W+S

[F2 Every person charged with an offence, [F3 and the wife or husband, as the case may be, of the person so charged], shall be a competent witness for the defence at every stage of the proceedings, whether the person so charged is charged solely or jointly with any other person. Provided as follows:—]

[F4 (1)] A person [F5 charged in criminal proceedings] shall not be called as a witness [F5 in the proceedings] except upon his own application:

F6 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (c) The wife or husband of the person charged shall not, save as in this Act mentioned, be called as a witness in pursuance of this Act except upon the application of the person so charged:]

[F8 (d) Nothing in this Act shall make a husband compellable to disclose any communication made to him by his wife during the marriage, or a wife compellable to disclose any communication made to her by her husband during the marriage:]

[F4 (2)] [F9 Subject to section 101 of the Criminal Justice Act 2003 (admissibility of evidence of defendant’s bad character),] a person charged [F10 in criminal proceedings who is called as a witness in the proceedings] may be asked any question in cross-examination notwithstanding that it would tend to criminate him as to [F10 any offence with which he is charged in the proceedings]:

[F4 (3)] [F11 A person charged [F12 in criminal proceedings who is called as a witness in the proceedings] shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than [F12 one with which] he is then charged, or is of bad character, unless—

(i) the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of [F12 an offence with which] he is then charged; or

(ii) he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution; or [F13 the deceased victim of the alleged crime; or]

(iii) he has given evidence against any other person charged [F14 in the same proceedings]:]

[F4 (4)] Every person [F15 charged in criminal proceedings who is called as a witness in the proceedings] shall, unless otherwise ordered by the court, give his evidence from the witness box or other place from which the other witnesses give their evidence:

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F2 Words in s. 1 repealed (24.7.2002 (E.W.) and otherwiseprosp.) by 1999 c. 23, ss. 67, 68, Sch. 4 para. 1(2), Sch. 6 (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(f)(g)(i)

F3 Words repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. V

F4 S. 1: paras. (a)(e)(f)(g) renumbered as s. 1(1)-(4) respectively (24.7.2002 (E.W.) and otherwiseprosp.) by 1999 c. 23, ss. 67, 68, Sch. 4 para. 1(7) (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(f)(g)(i)

F5 Words in s. 1(a) substituted (24.7.2002 (E.W.) and otherwiseprosp.) by 1999 c. 23, ss. 67, 68, Sch. 4 para. 1(3) (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(f)(g)(i)

F6 S. 1 proviso (b) repealed (10.4.1995) by 1994 c. 33, s. 168(2)(3), Sch. 10 para. 2, Sch. 11; S.I. 1995/721, art. 2, Sch.

F7 S. 1(c) repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. V

F8 S. 1(d) repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), ss. 80(9), 82(3), 119, Sch. 7 Pt. V

F9 Words in s. 1(2) inserted (E.W.) (15.12.2004) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 para. 80(a); S.I. 2004/3033, art. 3

F10 Words in s. 1(e) substituted (24.7.2002 (E.W.) and otherwiseprosp.) by 1999 c. 23, ss. 67, 68, Sch. 4 para. 1(4) (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(f)(g)(i)

F11 S. 1(3) repealed (E.W.) (15.12.2004) by Criminal Justice Act 2003 (c. 44), ss. 331, 332, 336, Sch. 36 para. 80(b), Sch. 37; S.I. 2004/3033, art. 3

F12 Words in s. 1(f) substituted (24.7.2002 (E.W.) and otherwiseprosp.) by 1999 c. 23, ss. 67, 68, Sch. 4 para. 1(5) (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(f)(g)(i)

F13 Words in a. 1(f)(ii) inserted (E.W.) (3.2.1995) by 1994 c. 33, s. 31; S.I. 1995/127, art. 2(1), Sch. 1 (subject to the transitional provisions in Sch. 2 para. 2 of the said S.I.)

F14 Words substituted by Criminal Evidence Act 1979 (c. 16, SIF 47), s. 1(1) (subject to a saving in s. 1(2))

F15 Words in s. 1(g) substituted (24.7.2002 (E.W.) and otherwiseprosp.) by 1999 c. 23, ss. 67, 68, Sch. 4 para. 1(6) (with Sch. 7 paras. 3(3), 5(2)); S.I. 2002/1739, art. 2(f)(g)(i)

F16 S. 1(h) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 78, Sch. 16

Modifications etc. (not altering text)

C1 S. 1 excluded (E.W.) by Children and Young Persons Act 1963 (c. 37), s. 16(2)

2 Evidence of person charged. E+W+S

Where the only witness to the facts of the case called by the defence is the person charged, he shall be called as a witness immediately after the close of the evidence for the prosecution.

3 Right of reply. E+W+S

[F17 In cases where the right of reply depends upon the question whether evidence has been called for the defence,] the fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply.

Textual Amendments

F17 Words repealed (E.W.) by Criminal Procedure (Right of Reply) Act 1964 (c. 34), s. 1(2)

[F18 4 Calling of wife or husband in certain cases. E+W+S

(1) The wife or husband of a person charged with an offence under any enactment mentioned in the schedule to this Act may be called as a witness either for the prosecution or defence and without the consent of the person charged.

(2) Nothing in this Act shall affect a case where the wife or husband of a person charged with an offence may at common law be called as a witness without the consent of that person.]

Textual Amendments

F18 S. 4 repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. V

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19 E+W+S

Textual Amendments

F19 S. 5 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

6 Provisions as to previous Acts. E+W+S

(1) This Act shall apply to all criminal proceedingsF20 . . .

[F21 (1A) This Act applies in relation to service proceedings as it applies in relation to criminal proceedings before a court in England and Wales.

(1B) In this section “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

F20 Words in s. 6(1) repealed (28.3.2009 for specified purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 12(2), Sch. 17; S.I. 2009/812, art. 3 (subject to transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F21 S. 6(1A)(1B) inserted (28.3.2009 for specified purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 12(3); S.I. 2009/812, art. 3 (subject to transitional provisions in 2009/1059); S.I. 2009/1167, art. 4

F22 S. 6(2) repealed by Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 (c. 20), Sch. 4

Modifications etc. (not altering text)

C2 S. 6(1B) modified (24.4.2009 for specified purposes and otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1, 205, Sch. 1 para. 2

7 †Extent, commencement and short title. E+W+S

(1) This Act shall not extend to Ireland.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

(3) This Act may be cited as the Criminal Evidence Act 1898.

Textual Amendments

F23 S. 7(2) repealed by Statute Law Revision Act 1908 (c. 49)

Modifications etc. (not altering text)

C3 Unreliable marginal note

[F24 SCHEDULE E+W+S Enactments Referred to

Textual Amendments

F24 Sch. repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. V

Modifications etc. (not altering text)

C4 Sch. extended by Children and Young Persons Act 1933 (c. 12), ss. 15, 108(6), Sch. 1

Session and Chapter.	Short Title.	Enactments referred to.
. . .	. . .	. . . F25
. . .	. . .	. . . F26
. . .	. . .	. . . F27
[F28 48 & 49 Vict. c. 69.]	[F28 The Criminal Law Amendment Act 1885.]	[F28 The whole Act.]
. . .	. . .	. . . F29
[F30 19 & 20 Geo. 5. c. 34.]	[F30 Infant Life (Preservation) Act 1929.]	[F30 The whole Act.]
[F31 11 & 12 Geo. 6 c. 29]	[F31 National Assistance Act 1948]	[F31 Section 51.]]

Textual Amendments

F25 Entries repealed by Theft Act 1968 (c. 60), Sch. 3 Pt. II

F26 Entry relating to the Poor Law (Scotland) Act 1845 repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. I

F27 Entries repealed by Sexual Offences Act 1956 (c. 69), Sch. 4 and Theft Act 1968 (c. 60), Sch. 3 Pt. III

F28 Entry repealed (E.W.) by Sexual Offences Act 1956 (c. 69), Sch. 4

F29 Entries repealed by Sexual Offences Act 1956 (c. 69), Sch. 4 and Theft Act 1968 (c. 60), Sch. 3 Pt. II

F30 Entry inserted by Infant Life (Preservation) Act 1929 (c. 34), s. 2(5)

F31 Entry inserted by S.I. 1952/1334 (1952 II, p. 2029), Sch. Pt. II