EVIDENCE ACT 1929 - SECT 18
EVIDENCE ACT 1929 - SECT 18
18—Accused persons competent to give evidence
(1) Every person
charged with an offence 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:
(a) a
person so charged shall not be called as a witness in pursuance of this Act
except upon his own application;
(b) the
failure of any person charged with an offence to give evidence shall not be
made the subject of any comment by the prosecution;
(c) 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;
(d) a
person charged 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 than that wherewith he is then charged, or is of bad character,
unless—
(i)
the evidence to be elicited by the question is admissible
as tending to show that he is guilty or not guilty of the offence with which
he is 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
(iii)
he forfeits the protection of this paragraph by virtue of
subsection (2); or
(iv)
he has given evidence against any other person charged
with the same offence;
(e)
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;
(f)
nothing herein contained shall affect the provisions of section 110 of the
Justices Act 1921 .
(2) A defendant
forfeits the protection of subsection (1)(d) if—
(a) the
nature or conduct of the defence is such as to involve imputations on the
character of the prosecutor or a witness for the prosecution; and
(b) the
imputations are not such as would necessarily arise from a proper presentation
of the defence.
(3) Notwithstanding
the provisions of subsection (2), a defendant does not forfeit the
protection of subsection (1)(d) by reason of imputations on the character
of the prosecutor or a witness for the prosecution arising from evidence of
the conduct of the prosecutor or witness—
(a) in
the events or circumstances on which the charge is based; or
(b) in
the investigation of those events or circumstances, or in assembling evidence
in support of the charge; or
(c) in
the course of the trial, or proceedings preliminary to the trial.