Criminal Evidence Act 1946

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1946/1946-0001/CriminalEvidenceAct1946_1.pdf
Published: 2012-09-01

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Criminal Evidence Act 1946

c i e
AT 1 of 1946

CRIMINAL EVIDENCE ACT 1946

Criminal Evidence Act 1946 Index


c AT 1 of 1946 Page 3

c i e
CRIMINAL EVIDENCE ACT 1946

Index Section Page

1 Competency of witnesses in criminal cases ................................................................ 5
2 Evidence of person charged .......................................................................................... 6
3 Right of reply ................................................................................................................... 6
4 [Repealed] ........................................................................................................................ 6
5 Application ...................................................................................................................... 6
6 Interpretation ................................................................................................................... 6
7 [Repealed] ........................................................................................................................ 6
8 Short title .......................................................................................................................... 6
9 Commencement of Act .................................................................................................. 7
SCHEDULE 9

ENDNOTES 11

TABLE OF LEGISLATION HISTORY 11
TABLE OF RENUMBERED PROVISIONS 11
TABLE OF ENDNOTE REFERENCES 11

Criminal Evidence Act 1946 Section 1


c AT 1 of 1946 Page 5

c i e
CRIMINAL EVIDENCE ACT 1946

Received Royal Assent: 24 September 1946
Passed: 25 September 1946
Commenced: 25 September 1946
AN ACT
to amend the Law of Evidence.
1 Competency of witnesses in criminal cases

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;1

(c) and (d) [Repealed]2

(e) 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;
(f) 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 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
Section 2 Criminal Evidence Act 1946


Page 6 AT 1 of 1946 c

or the witnesses for the prosecution or the deceased victim
of the alleged crime; or3

(iii) he has given evidence against any other person charged in
the same proceedings;4

(g) 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;
(h) Nothing in this Act shall affect any rules of court relating to the
making of an unsworn statement at an inquiry, or any right of the
person charged to make a statement without being sworn.5

2 Evidence of person charged

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.
3 Right of reply

The fact that the person charged has been called as a witness shall not of itself
confer on the prosecution the right of reply.6

4 [Repealed]
7

5 Application

This Act shall apply to all criminal proceedings.8

6 Interpretation

For the purpose of this Act unless the context otherwise requires —
“Child
” means a person under the age of fourteen years;
“Young Person
” means a person who has attained the age of fourteen years and
is under the age of seventeen years.
7 [Repealed]
9

8 Short title

This Act may be cited as the Criminal Evidence Act, 1946.
Criminal Evidence Act 1946 Section 9


c AT 1 of 1946 Page 7

9 Commencement of Act

This Act shall come into operation when the Royal Assent thereto has been by
the Governor announced to Tynwald and a certificate thereof has been signed
by the Governor and the Speaker of the House of Keys.
Criminal Evidence Act 1946 Schedule



c AT 1 of 1946 Page 9

SCHEDULE
10

Criminal Evidence Act 1946 Endnotes


c AT 1 of 1946 Page 11

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Para (b) amended by Criminal Justice Act 1991 Sch 5. 2
Paras (c) and (d) repealed by Criminal Justice Act 1991 Sch 5. 3
Subpara (ii) amended by Criminal Justice Act 2001 s 55. 4
Subpara (iii) amended by Criminal Law Act 1981 Sch 7. 5
S 1 amended by Criminal Justice Act 1991 Sch 5. Para (h) amended by Summary
Jurisdiction Act 1989 Sch 5. 6
S 3 amended by Criminal Procedure (Right of Reply) Act 1968 s 1. 7
S 4 repealed by Criminal Justice Act 1991 Sch 5. 8
S 5 amended by Criminal Justice Act 1991 Sch 5. 9
S 7 repealed by Statute Law Revision Act 1983 Sch 2. 10
Sch repealed by Criminal Justice Act 1991 Sch 5.