Criminal Procedure Act 1865
| Jurisdiction | UK Non-devolved |
(28 & 29 Vict.) C A P. XVIII.
[9th May 1865]
'WHEREAS it is expedient that the Law of Evidence and Practice on Trials for Felony and Misdemeanor and other Proceedings in Courts of Criminal Judicature should be more nearly assimilated to that on Trials at Nisi Prius:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows; that is to say.
1 Provisions of Sec. 2. to apply to Trials commenced on or after July 1, 1865.
1. That the Provisions of Section Two of this Act shall apply to every Trial for Felony or Misdemeanor which shall be commenced on or after the First Day ofJuly One thousand eight hundred and sixty-five, and that the Provisions of Sections from Three to Eight, inclusive, of this Act shall apply to all Courts of Judicature, as well Criminal as all others, and to all Persons having, by Law or by Consent of Parties, Authority to hear, receive, and examine Evidence.
2 Summing up of Evidence in Cases of Felony and Misdemeanor.
2. If any Prisoner or Prisoners, Defendant or Defendants, shall be defended by Counsel, but not otherwise, it shall be the Duty of the presiding Judge, at the Close of the Case for the Prosecution, to ask the Counsel for each Prisoner or Defendant so defended by Counsel whether he or they intend to adduce Evidence, and in the event of none of them thereupon announcing his Intention to adduce Evidence, the Counsel for the Prosecution shall be allowed to address the Jury a Second Time in support of his Case, for the Purpose of summing up the Evidence against such Prisoner or Prisoners, or Defendant or Defendants; and upon every Trial for Felony or Misdemeanor, whether the Prisoners or Defendants, or any of them, shall be defended by Counsel or not, each and every such Prisoner or Defendant, or his or their Counsel respectively, shall be allowed, if he or they shall think fit, to open his or their Case or Cases respectively; and after the Conclusion of such Opening, or of all such Openings, if more than One, such Prisoner or Prisoners, or Defendant or Defendants, or their Counsel, shall be entitled to examine such Witnesses as he or they may think fit, and when all the Evidence is concluded to sum up the Evidence respectively; and the Right of Reply, and Practice and Course of Proceedings, save as hereby altered, shall be as at present.
3 How far Witness may be discredited by the Party producing.
3. A Party producing a Witness shall not be allowed to impeach his Credit by general Evidence of bad Character, but he may, in case the Witness shall, in the Opinion of the Judge, prove adverse, contradict him by other Evidence, or, by Leave of the Judge, prove that he has made at other Times a Statement inconsistent with his present Testimony; but before such last-mentioned Proof can be given the Circumstances of the supposed Statement, sufficient to designate the particular Occasion, must be mentioned to the Witness, and he must be asked whether or not he has made such Statement.
4 As to Proof of contradictory Statements of adverse Witness.
4. If a Witness, upon Cross-examination as to a former Statement made by him relative to the Subject...
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