F1F2Every person charged with an offence,F3. . . 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:—
[F4F5(a)A personF6 so charged shall not be called as a witnessF6 in pursuance of this Act except upon his own application;]
Provisos (b), (c), (d) rep. by 1989 NI 12
F5(e)F7A person chargedF6 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 toF6 the offence charged:
F5F8(f)A person chargedF6 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 thanF6 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 ofF6 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[F9 or the deceased victim of the alleged crime]; or
(iii)he has given evidence against any other person charged [F10 in the same proceedings]:
F5(g)Every personF6 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
F7prosp. inserted by 2004 NI 10
F8prosp. rep. by 2004 NI 10
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.
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
(1)This Act shall apply to all criminal proceedings,F11. . . .
Subs. (2) rep. by SLR (NI) 1952; subs. (3) rep. by 1954 c. 33 (NI); subs. (4) rep. by SLR (NI) 1952
This Act may be cited as the Criminal Evidence Act (Northern Ireland), 1923.