Criminal Evidence Act, 1898 (English) (61 & 62 Vict. c. 36), the general Act by which every person charged with an offence and his or her wife or husband became a competent, but not a compellable, witness for the defence at every stage of the proceedings.
The Evidence Acts, 1851 and 1853, whichmade parties and spouses admissible witnesses (they having been previously incompetent on the groundof interest), expressly excepted criminal proceedings from its opertion; but a series of enactments dealing with particular offences, from the Licensing Act, 1872, downto the Chaff Cutting Machines Accidents Act, 1897 (of which s. 20 of the Criminal Law Amendment Act, 1885, was by far the most important), did away with this exception, in particular cases and in varying phraseology, but without qualifications except that against compellability, and enabled accused persons to give evidenceon oath in their own defence.
The Act of 1898, superseding [see Charnock v. Merchant, (1900) 1 QB 474] but not expressly repealing these particular enactments, provides
(s. 1) that every person charged with an offence, and 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.
'Proceedings' do not include the inquiry before the grand jury, R. v. Rhodes, 1899 (1) QB 77.
Eight provisos follows, to the following effect:--
(a) The person charged is not to be called except on his own application;
(b) Failure to give evidence is not to be commented on by the prosecution;
(c) The wife or husband is not to be called except on the applicationof the person charged;
(d) Spouses are not to be compellale to disclose communications to each other during marriage;
(e) A person charged and being a witness maybe asked questions tending to criminate him as to the offence charged, see R. v. Minsham,(1921) 16 Cr App R 38;
(f) Such person may not be asked, and if asked need not answer, anyquestion tending to show that he has committed anyother offence [see R. v. Chitson, (1909) 2 KB 945] or is of bad character, unless (i.) the commission of such other offence is legal evidence of the commission of the offence where with he is charged; or (ii.) he has either sought to prove his own good character 'or the nature or conduct of the defence is such as to involve imputations' [see R. v. Rouse, (1904) 1 KB 184; R. v. Bridgwater, (1905) 1 KB 131; R. v. Preston, (1909) 1 KB 568] 'on the character of the prosecutor or of the witnesses for the prosecution'; or (iii.) he has given evidene against any other person charged with the same offence;
(g) The witness-box is to be the place for giving evidence, unless otherwise ordered by the Court; and
(h) The provisions of s. 18 of the Indictable Offences Act, 1848 (repealed by Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86), and replaced bys. 12 thereof), and anyright of the person charged to make a statement without being sworn,are to remain unaffected.
The (English) Criminal Justice Act, 1925 s. 12, replacing (English) Inictable Offences Act, 1848, s. 18, directs that before commitment for trial (see ACCUSED PERSON and COMMITMENT) justices of the peace beore whom a personis charged with an offence must give him an opportunity of answering the charge, coupled with a caution that he is not obliged to answer it.
The (English) Act of 1898 also provides (s. 4) tht in certaincases specified in the Schedule to the Act (since extended) the wife or husband may be called as a witness either for the prosecution or defence, and without the consent of the person charged. Consult Allen, Butterworth, or Jelf on the Act; Best or Taylor on Evidence.