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CRIMINAL EVIDENCE ACT

CRIMINAL EVIDENCE ACT - LONG TITLE

An Act to amend the Law of Evidence in its application to Northern
Ireland.
[10th May 1923]
Competency of witnesses in criminal cases.

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.

CRIMINAL EVIDENCE ACT - SECT 2
Evidence of person charged.

2. 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.

CRIMINAL EVIDENCE ACT - SECT 3
Right of reply.

3. 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.

CRIMINAL EVIDENCE ACT - SECT 4
Calling of wife or husband in certain cases.

4.(1) The wife or husband of a person charged with an offence
under any enactment mentioned in the First 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.

CRIMINAL EVIDENCE ACT - SECT 5
Application of Act.

5.(1) This Act shall apply to all criminal proceedings,
notwithstanding any enactment in force at the commencement of this
Act, except that nothing in this Act shall affect the Evidence Act,
1877.

Subs.(2) rep. by SLR (NI) 1952; subs.(3) rep. by 1954 c.33 (NI)
s.48(1) sch.; subs.(4) rep. by SLR (NI) 1952

CRIMINAL EVIDENCE ACT - SECT 6
Short title.

6. This Act may be cited as the Criminal Evidence Act (Northern
Ireland), 1923.c.100.

fifty-two, fifty-three,

fifty-four and fifty-

seven.

c.69.

Children Act, 1904.

(Ireland) Act, 1908.

Act, 1908.

c.20.

sons Act (Northern Ireland),

1968.

No. 2156

Order.]1977.

No. 704

(NI6).

Second Schedule rep. by SLR (NI) 1952