Section 1 Competency of witnesses in criminal cases.C1

England, Wales and Scotland

F1Every person charged with an offence, F2and 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:—

F3(1)

A person F4charged in criminal proceedings shall not be called as a witness in the proceedings except upon his own application:

F5(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(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:

F7(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:

(2)

F8Subject to section 101 of the Criminal Justice Act 2003 (admissibility of evidence of defendant’s bad character), a person charged F9in 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 any offence with which he is charged in the proceedings:

(3)

F10A person charged F11in 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 one 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 an 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 F12the deceased victim of the alleged crime; or

(iii)

he has given evidence against any other person charged F13in the same proceedings:

(4)

Every person F14charged 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)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Annotations

Textual amendments

F1: Words 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)
F2: Words repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. V
F3: S. 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)
F4: Words 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)
F5: S. 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.
F6: S. 1(c) repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. V
F7: S. 1(d) repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), ss. 80(9), 82(3), 119, Sch. 7 Pt. V
F8: Words in s. 1(2) inserted (E.W.) (15.12.2004) by Criminal Justice Act 2003 (c. 44), ss. 331, 336, Sch. 36 para. 80(a); S.I. 2004/3033, art. 3
F9: Words 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)
F10: S. 1(3) repealed (E.W.) (15.12.2004) by Criminal Justice Act 2003 (c. 44), ss. 331, 332, 336, Sch. 36 para. 80(b), Sch. 37; S.I. 2004/3033, art. 3
F11: Words 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)
F12: Words 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.)
F13: Words substituted by Criminal Evidence Act 1979 (c. 16, SIF 47), s. 1(1) (subject to a saving in s. 1(2))
F14: Words 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)
F15: S. 1(h) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 78, Sch. 16

Modifications

C1: S. 1 excluded (E.W.) by Children and Young Persons Act 1963 (c. 37), s. 16(2)

Notes on the whole Act

Textual amendments

F1: Act repealed (S.), except so far as relating to courts-martial, by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I