CRIMINAL EVIDENCE ACT

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CRIMINAL EVIDENCE ACT - SECT 1



1. Every person charged with an offence, 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:

(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, or 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:

(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:

(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;

(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

<(iii)he has given evidence against any other person charged [in 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)Nothing in this Act shall affect the provisions of section fourteen of the
Petty Sessions (Ireland) Act, 1851, or any right of the person charged to make
a statement without being sworn.

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Northern Irish Legislation

CRIMINAL EVIDENCE ACT - SECT 1