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Criminal Evidence Act 1898

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Criminal Evidence Act 1898

1898 CHAPTER 36 61 and 62 Vict

An Act to amend the Law of Evidence.

[12th August 1898] F1

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Amendments (Textual)

F1Act repealed (S.), except so far as relating to courts-martial, by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

1 Competency of witnesses in criminal cases. E+W+S
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Modifications etc. (not altering text)

[F2Every person charged with an offence, [F3and 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:—]

[F4(1)]A person [F5charged in criminal proceedings] shall not be called as a witness [F5in the proceedings] except upon his own application:

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7(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:]

[F8(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:]

[F4(2)][F9Subject to section 101 of the Criminal Justice Act 2003 (admissibility of evidence of defendant’s bad character),]F9 a person charged [F10in 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 [F10any offence with which he is charged in the proceedings]:

[F11A person charged [F12in 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 [F12one 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 [F12an 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 [F13the deceased victim of the alleged crime; or]

(iii)he has given evidence against any other person charged [F14in the same proceedings]:]

[F4F11F11(4)]Every person [F15charged 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

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Amendments (Textual)

F2Words 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)

F4S. 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)

F5Words 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)

F6S. 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.

F10Words 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)

F12Words 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)

F13Words 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.)

F14Words substituted by Criminal Evidence Act 1979 (c. 16, SIF 47), s. 1(1) (subject to a saving in s. 1(2))

F15Words 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

[F17In 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.

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Amendments (Textual)

[F184 Calling of wife or husband in certain cases.E+W+S
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Amendments (Textual)

(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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19E+W+S
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Amendments (Textual)

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Amendments (Textual)

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

(1)This Act shall apply to all criminal proceedingsF20...

[F21(1A)This Act applies in relation to service proceedings as it applies in relation to criminal proceedings before a court in England and Wales.

(1B)In this section “service proceedings” means proceedings before a court (other than a civilian court) in respect of a service offence; and “service offence” and “civilian court” here have the same meanings as in the Armed Forces Act 2006.]

F21(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F20Words in s. 6(1) repealed (28.3.2009 for specified purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 12(2), Sch. 17; S.I. 2009/812, art. 3 (subject to transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F21S. 6(1A)(1B) inserted (28.3.2009 for specified purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 12(3); S.I. 2009/812, art. 3 (subject to transitional provisions in 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C2S. 6(1B) modified (24.4.2009 for specified purposes and otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1, 205, Sch. 1 para. 2

7†Extent, commencement and short title.E+W+S
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Modifications etc. (not altering text)

C3Unreliable marginal note

(1)This Act shall not extend to Ireland.

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

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

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Modifications etc. (not altering text)

C3Unreliable marginal note

[F24SCHEDULEE+W+S Enactments Referred to

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Amendments (Textual)

Modifications etc. (not altering text)

Session and Chapter.Short Title.Enactments referred to.
. . . . . . . . . F25
. . . . . . . . . F26
. . . . . . . . . F27
[F2848 & 49 Vict. c. 69.][F28The Criminal Law Amendment Act 1885.][F28The whole Act.]
. . . . . . . . . F29
[F3019 & 20 Geo. 5. c. 34.][F30Infant Life (Preservation) Act 1929.][F30The whole Act.]
[F3111 & 12 Geo. 6 c. 29][F31National Assistance Act 1948][F31Section 51.]]
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F26Entry relating to the Poor Law (Scotland) Act 1845 repealed by Statute Law (Repeals) Act 1981 (c. 19), s. 1(1), Sch. 1 Pt. I

F31Entry inserted by S.I. 1952/1334 (1952 II, p. 2029), Sch. Pt. II

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