A.D. 1898.
- (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 with the same offence;
- (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 eighteen of the 11 & 12 Vict. c. 42.Indictable Offences Act, 1848, or any right of the person charged to make a statement without being sworn.
Evidence of person charged. 2. 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.
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.
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 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.
Application of Act to Scotland. 5. In Scotland, in a case where a list of witnesses is required, the husband or wife of a person charged shall not be called as a witness for the defence, unless notice be given in the terms prescribed by section thirty-six of the 50 & 51 Vict. c. 85.Criminal Procedure (Scotland) Act, 1887.
Provision as to previous Acts.
40 & 41 Vict. c. 14.
6.—(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.
(2.) But this Act shall not apply to proceedings in courts martial unless so applied—
- (a) as to courts martial under the 29 & 30 Vict. c. 109.Naval Discipline Act, by general orders made in pursuance of section sixty-five of that Act; and
- (b) as to courts martial under the 44 & 45 Vict. 3. 58.Army Act by rules made in pursuance of section seventy of that Act.
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