Page:Criminal Procedure Act 1865 (UKPGA Vict-28-29-18 qp).pdf/2

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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. 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. If a Witness, upon Cross-examination as to a former Statement made by him relative to the Subject Matter of the Indictment or Proceeding, and inconsistent with his present Testimony, does not distinctly admit that he has made such Statement, Proof may be given that he did in fact make it; but before such 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.

5. A Witness may be cross-examined as to previous Statements as to previous made by him in Writing or reduced into Writing relative to the Statements Subject Matter of the Indictment or Proceeding, without such in Writing. Writing being shown to him; but if it is intended to contradict such