Paragraph 1 I1

England and Wales

(1)

Section 1 of the Criminal Evidence Act 1898 (competence of accused as witness for the defence) is amended as follows.

(2)

Omit the words from the beginning to “Provided as follows:—”.

(3)

In paragraph (a) of the proviso—

(a)

for “so charged” substitute “ charged in criminal proceedings ”; and

(b)

for “in pursuance of this Act” substitute “ in the proceedings ”.

(4)

In paragraph (e) of the proviso—

(a)

for “and being a witness in pursuance of this Act” substitute “ in criminal proceedings who is called as a witness in the proceedings ”; and

(b)

for “the offence charged” substitute “ any offence with which he is charged in the proceedings ”.

F1(5)

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

(6)

In paragraph (g) of the proviso, for “called as a witness in pursuance of this Act” substitute “ charged in criminal proceedings who is called as a witness in the proceedings ”.

(7)

Paragraphs (a), (e), (f) and (g) of the proviso shall be respectively numbered as subsections (1), (2), (3) and (4) of the section.

Annotations

Textual amendments

F1: Sch. 4 para. 1(5) repealed (15.12.2004) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 37 Pt. 5; S.I. 2004/3033, art. 3(1)(2)(e)(i)

Commencement

I1: Sch. 4 para. 1 wholly in force in so far as not already in force at 24.7.2002 see S.I. 2002/1739, {art. 2(f)}