The Criminal Procedure Act 1865 (28 & 29 Vict c 18), commonly known as Denman's Act, is an Act

Acts of Parliament in the United Kingdom

An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....

 of the Parliament of the United Kingdom

Parliament of the United Kingdom

The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

.

This Act was retained for the Republic of Ireland

Republic of Ireland

Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

 by section 2(2)(a) of, and Part 4 of Schedule 1 to, the Statute Law Revision Act 2007

Statute Law Revision Act 2007

The Statute Law Revision Act 2007 was an Act of the Oireachtas of the Republic of Ireland which repealed a large amount of pre-1922 legislation of Ireland, England, Great Britain and the United Kingdom while preserving a shorter list of statutes.-Scope:...

.

In the Republic of Ireland, section 16 of the Criminal Justice Act 2006 is without prejudice to sections 3 to 6 of this Act.

Section 1 - Provisions of sect. 2. of this Act to apply to trials commenced on or after July 1, 1865

In England and Wales

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

 and Northern Ireland

Northern Ireland

Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

, this section now reads:
The words omitted were repealed for England and Wales

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

 by section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967

Criminal Law Act 1967

The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...

 and for Northern Ireland

Northern Ireland

Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

 by Part II of Schedule 2 to the Criminal Law Act (Northern Ireland) 1967.

The words "for felony or misdemeanour" were repealed for the Republic of Ireland

Republic of Ireland

Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

 by section 16 of, and the Third Schedule to, the Criminal Law Act 1997.

Section 2 - Summing up of evidence in cases of felony and misdemeanor

In England and Wales

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

 and Northern Ireland

Northern Ireland

Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

, this section now reads:
The words omitted were repealed for England and Wales

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

 by section 10(2) of, and Part III of Schedule 3 to, the Criminal Law Act 1967

Criminal Law Act 1967

The Criminal Law Act 1967 is an Act of the Parliament of the United Kingdom. However, with some minor exceptions, it generally applies to only England and Wales. It made some major changes to English criminal law...

 and for Northern Ireland

Northern Ireland

Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

 by Part II of Schedule 2 to the Criminal Law Act (Northern Ireland) 1967.

The words "for felony or misdemeanour" were repealed for the Republic of Ireland

Republic of Ireland

Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...

 by section 16 of, and the Third Schedule to, the Criminal Law Act 1997.

This section is modified by section 3 of the Criminal Evidence Act 1898, section 42(1) of the Criminal Justice Act 1948

Criminal Justice Act 1948

The Criminal Justice Act 1948 is an Act of the Parliament of the United Kingdom. It has been described as "one of the most important measures relating to the reform of the criminal law and its administration." It abolished penal servitude, hard labour and prison divisions for England and Wales...

 and section 1(1) of the Criminal Procedure (Right of Reply) Act 1964.

In the Republic of Ireland, this section is restricted by section 24(1) of the Criminal Justice Act 1984.

"Counsel"

This expression is defined by section 9.

Section 3 - How far witness may be discredited by the party producing

In England and Wales

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

 and Northern Ireland

Northern Ireland

Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

, this section reads:
"Adverse"

See Greenhough v Eccles (1859) 5 CB (NS) 786, (1859) 33 LT (OS) 19, (1859) 5 Jur (NS) 766 (decided under section 22 of the Common Law Procedure Act 1854).

"Inconsistent"

See Jackson v Thomason (1861) 31 LJQB 11

Section 4 - As to proof of contradictory statements of adverse witness

In England and Wales

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

 and Northern Ireland

Northern Ireland

Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

, this section reads:
Sections 4 and 5 re-enact sections 23 and 24 of the Common Law Procedure Act 1854.

Section 5 - Cross-examinations as to previous statements in writing

In England and Wales

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

 and Northern Ireland

Northern Ireland

Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

, this section reads:
This section is exactly reproduced in the Evidence Ordinance (Laws of Hong Kong c 8)

Section 7 - As to proof by attesting witnesses

This section reads:

Section 8 - As to comparison of disputed writing

This section reads:

Section 9 - "Counsel"

This section reads:
References to attorneys

In England and Wales

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

, these must be construed as references to solicitor

Solicitor

Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...

s of the Senior Courts.

In Northern Ireland

Northern Ireland

Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

, these must be construed as references to solicitors of the Court of Judicature.

Section 10 - Not to apply to Scotland

This section provides that the Act does not apply to Scotland

Scotland

Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

.

External links

• The Criminal Procedure Act 1865, as amended from the National Archives.
• The Criminal Procedure Act 1865, as originally enacted from the National Archives.
• List of amendments and repeals in the Republic of Ireland
  Republic of Ireland
  Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
  
  from the Irish Statute Book.