1Competency of witnesses in criminal cases.

F3F4Every person charged with an offence,F5. . . 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:—

F1F6a

A personF7 so charged shall not be called as a witnessF7 in pursuance of this Act except upon his own application;

Provisos (b), (c), (d) rep. by 1989 NI 12

F6e

F8A person chargedF7 and being a witness in pursuance of this Act may be asked any question in cross-examination notwithstanding that it would tend to criminate him as toF7 the offence charged:

F6F9f

A person chargedF7 and called as a witness in pursuance of this Act 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 thanF7 that wherewith 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 ofF7 the offence wherewith he is then charged;

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 prosecutionF10 or the deceased victim of the alleged crime; or

iii

he has given evidence against any other person charged [F11 in the same proceedings]:

F6g

Every personF7 called as a witness in pursuance of this Act 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:

Proviso (h) rep. by 1989 NI 12

2Evidence of person charged.

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

3Right of reply.

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.

S. 4 rep. by 1989 NI 12

5Application of Act.

1

This Act shall apply to all criminal proceedings,F2. . . .

Subs. (2) rep. by SLR (NI) 1952; subs. (3) rep. by 1954 c. 33 (NI); subs. (4) rep. by SLR (NI) 1952

6Short title.

This Act may be cited as the Criminal Evidence Act (Northern Ireland), 1923.