CRIMINAL EVIDENCE.
No. 14 of 1906.
1693
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 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 (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 Ordinance 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.
3. 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.
[61 & 62 Vict. c. 36 s. 2.]
4. 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.
[61 & 62 Vict. c. 36 s. 3.]
5.—(1) The wife or husband of a person charged with an offence under any enactment mentioned in the schedule may be called as a witness either for the prosecution or defence and without the consent of the person charged.
(2) Nothing in this Ordinance 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.
Calling of wife or husband in certain cases. [ib. s. 4.]
6. This Ordinance shall apply to all criminal proceedings, notwithstanding any enactment in force at the commencement of this Ordinance.
[ib. s. 6.]
* As amended by No. 50 of 1911.