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

[F1Every person charged with an offence, [F2and 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:—]

[F3(1)]A person [F4charged in criminal proceedings] shall not be called as a witness [F4in the proceedings] except upon his own application:

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(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:]

[F7(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:]

[F3(2)]A person charged [F8in 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 [F8any offence with which he is charged in the proceedings]:

[F3(3)]A person charged [F9in 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 [F9one 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 [F9an 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 [F10the deceased victim of the alleged crime; or]

(iii)he has given evidence against any other person charged [F11in the same proceedings]:

[F3(4)]Every person [F12charged 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Textual Amendments

F1Words 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)

F3S. 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)

F4Words 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)

F5S. 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.

F8Words 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)

F9Words 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)

F10Words 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.)

F11Words substituted by Criminal Evidence Act 1979 (c. 16, SIF 47), s. 1(1) (subject to a saving in s. 1(2))

F12Words 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)

Modifications etc. (not altering text)

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

[F14In 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

[F154 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.]

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16E+W+S

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

(1)This Act shall apply to all criminal proceedings [F17including proceedings in courts-martial][F18under the M1Army Act 1955 and the M2Air Force Act 1955, and proceedings in courts-martial F19. . . under the M3Naval Discipline Act 1957][F20and in Standing Civilian Courts established under the M4Armed Forces Act 1976], [F21notwithstanding any enactment in force at the commencement of this Act,] . . . F22

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

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

(1)This Act shall not extend to Ireland.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

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

Textual Amendments

Modifications etc. (not altering text)

C2Unreliable marginal note