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- Point in Time (03/04/2006)
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Version Superseded: 04/05/2010
Point in time view as at 03/04/2006.
There are currently no known outstanding effects for the Criminal Evidence Act (Northern Ireland) 1923.
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F1Every person charged with an offence,F2. . . 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:—
[F3(a)A person so charged shall not be called as a witness in pursuance of this Act except upon his own application;]
Provisos (b), (c), (d) rep. by 1989 NI 12
(e)[F4 Subject to Article 6 of the Criminal Justice (Evidence) (Northern Ireland) Order 2004 (admissibility of defendant’s bad character),] 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)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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:
Proviso (h) rep. by 1989 NI 12
F4By Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), arts. 1(3), 46(1), Sch. 1 para. 2(a) (with art. 43) and S.R. 2006/63, art. 2 it is provided that the words "Subject to Article 6 of the Criminal Justice (Evidence) (Northern Ireland) Order 2004 (admissibility of defendant's bad character)," shall be inserted (3.4.2006) in s. 1 "at the beginning of subsection (2)". The reference to subsection (2) reflects the numbering of s. 1 para. (e) of the proviso as subsection (2) by Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)), art. 1(2), 40(1), Sch. 1 para. 1(7) which amending provision comes into operation on (4.5.2010) by S.R. 2010/142, art. 2, Sch.
F5By Criminal Justice (Evidence) (Northern Ireland) Order 2004 (S.I. 2004/1501 (N.I. 10)), arts. 1(3), 46, Sch. 1 para. 2(b), Sch. 3 (with art. 43) and S.R. 2006/63, art. 2 it is provided that s. 1 "subsection (3)" shall be repealed (3.4.2006). The reference to subsection (3) reflects the numbering of s. 1 para. (f) of the proviso as subsection (3) by Criminal Evidence (Northern Ireland) Order 1999 (S.I. 1999/2789 (N.I. 8)), art. 1(2), 40(1), Sch. 1 para. 1(7) which amending provision comes into operation on (4.5.2010) by S.R. 2010/142, art. 2, Sch.
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,F6. . . .
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.
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