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	Statutes of Northern Ireland
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CRIMINAL PROCEDURE ACT 1865

CRIMINAL PROCEDURE ACT 1865 - LONG TITLE

An Act for amending the Law of Evidence and Practice on Criminal
Trials.{1}
[9th May 1865]
Preamble rep. by SLR 1893

CRIMINAL PROCEDURE ACT 1865 - SECT 1
Sect. 2 to apply to all trials; sects. 3 to 8 to all courts and
persons authorized to hear evidence.

1. The provisions of section two of this Act shall apply to every
trial ...; and 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.

CRIMINAL PROCEDURE ACT 1865 - SECT 2
Summing up of evidence.

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 ...,
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.

CRIMINAL PROCEDURE ACT 1865 - SECT 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.

CRIMINAL PROCEDURE ACT 1865 - SECT 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 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.

CRIMINAL PROCEDURE ACT 1865 - SECT 5
Cross-examinations to previous statements in writing.

5. A witness may be cross-examined as to previous statements made
by him in writing, or reduced into writing, relative to the subject
matter of the indictment or proceeding, without such writing being
shown to him; but if it is intended to contradict such witness by
the writing, his attention must, before such contradictory proof can
be given, be called to those parts of the writing which are to be
used for the purpose of so contradicting him: Provided always, that
it shall be competent for the judge, at any time during the trial,
to require the production of the writing for his inspection, and he
may thereupon make such use of it for the purposes of the trial
as he may think fit.

CRIMINAL PROCEDURE ACT 1865 - SECT 6
Proof of conviction of witness for felony or misdemeanor may be
given.

6. A witness may be questioned as to whether he has been convicted
of any felony or misdemeanor, and upon being so questioned, if he
either denies or does not admit the fact, or refuses to answer, it
shall be lawful for the cross-examining party to prove such
conviction; and a certificate containing the substance and effect
only (omitting the formal part) of the indictment and conviction for
such offence, purporting to be signed by the clerk of the court or
other officer having the custody of the records of the court where
the offender was convicted, or by the deputy of such clerk or
officer, (for which certificate a fee of [25p] and no more shall
be demanded or taken,) shall, upon proof of the identity of the
person, be sufficient evidence of the said conviction, without proof
of the signature or official character of the person appearing to
have signed the same.

CRIMINAL PROCEDURE ACT 1865 - SECT 7
Proof of instrument to validity of which whereof attestation is not
necessary.

7. It shall not be necessary to prove by the attesting witness any
instrument to the validity of which attestation is not requisite,
and such instrument may be proved as if there had been no
attesting witness thereto.

CRIMINAL PROCEDURE ACT 1865 - SECT 8
Comparison of disputed writing with writing proved to be genuine.

8. Comparison of a disputed writing with any writing proved to the
satisfaction of the judge to be genuine shall be permitted to be
made by witnesses; and such writings, and the evidence of witnesses
respecting the same, may be submitted to the court and jury as
evidence of the genuineness or otherwise of the writing in dispute.

CRIMINAL PROCEDURE ACT 1865 - SECT 9
""Counsel.''

9. The word "counsel" in this Act shall be construed to apply to
[solicitors] in all cases where [solicitors] are allowed by law or
by the practice of any court to appear as advocates.