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EVIDENCE ACT 1906 - SECT 8

EVIDENCE ACT 1906 - SECT 8

8 .         Accused persons in criminal cases

        (1)         Except as in this Act it is otherwise provided, every person charged with an offence shall be a competent but not a compellable witness 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 except upon his own application;

        [(b)         deleted]

            (c)         the failure of any person charged with an offence to give evidence shall not be made the subject of any comment by the prosecution;

            (d)         a person charged and being a witness in pursuance of this section may be asked any question in cross-examination, notwithstanding that it would tend to criminate him as to the offence charged;

            (e)         a person charged and called as a witness in pursuance of this section 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 proof that he has committed or been convicted of such other offence is admissible in evidence to show that he is guilty of the offence wherewith 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 a person who died as a result of the offence wherewith he is then charged; or

                  (iii)         he has given evidence against any other person charged with the same offence;

            (f)         when paragraph (e)(ii) or (iii) is or becomes applicable to any person charged who gives evidence for the defence, it shall be open to the prosecution, or to any other person charged against whom he has given evidence, to call evidence, that such person is of bad character or has been convicted of or charged with any offence other than that with which he then stands charged, notwithstanding that the case for the prosecution or of such other person charged may already have been closed;

            (g)         every person called as a witness in pursuance of this section 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.

        [(2)         deleted]

        [Section 8 amended: No. 16 of 1913 s. 2; No. 48 of 1991 s. 6; No. 71 of 2000 s. 4; No. 27 of 2002 s. 30; No. 84 of 2004 s. 41.]