- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (03/02/1995)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 10/04/1995
Point in time view as at 03/02/1995. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Criminal Evidence Act 1898, Section 1.
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Every person charged with an offence, [F1and 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:—
(a)A person so charged shall not be called as a witness in pursuance of this Act except upon his own application:
(b)The failure of any person charged with an offence, [F1or of the wife or husband, as the case may be, of the person so charged], to give evidence shall not be made the subject of any comment by the prosecution:
[F2(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:]
[F3(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:]
(e)A person charged 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 to the offence charged:
(f)A person charged 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 than 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 of the offence wherewith 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 [F4the deceased victim of the alleged crime; or]
(iii)he has given evidence against any other person charged [F5in the same proceedings]:
(g)Every person 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:
(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Textual Amendments
F1Words repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. V
F2S. 1(c) repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. V
F3S. 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
F4Words 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.)
F5Words substituted by Criminal Evidence Act 1979 (c. 16, SIF 47), s. 1(1) (subject to a saving in s. 1(2))
F6S. 1(h) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 78, Sch. 16
Modifications etc. (not altering text)
C1S. 1 excluded (E.W.) by Children and Young Persons Act 1963 (c. 37), s. 16(2)
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