PART IIEVIDENCE OF BAD CHARACTER
General
Rules of court16
1
Rules of court may make such provision as appears to the appropriate authority to be necessary or expedient for the purposes of this Order; and the appropriate authority is the authority entitled to make the rules.
2
The rules may, and, where the party in question is the prosecution, must, contain provision requiring a party who—
a
proposes to adduce evidence of a defendant's bad character, or
b
proposes to cross-examine a witness with a view to eliciting such evidence,
to serve on the defendant such notice, and such particulars of or relating to the evidence, as may be prescribed.
3
The rules may provide that the court or the defendant may, in such circumstances as may be prescribed, dispense with a requirement imposed by virtue of paragraph (2).
4
In considering the exercise of its powers with respect to costs, the court may take into account any failure by a party to comply with a requirement imposed by virtue of paragraph (2) and not dispensed with by virtue of paragraph (3).
5
Nothing in this Article prejudices the generality of any statutory provision conferring power to make rules of court; and no particular provision of this Article prejudices any general provision of it.
6
In this Article—
“prescribed” means prescribed by rules of court;
“rules of court” means—
- a
Crown Court rules;
- b
rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978 (c. 23);
- c
county court rules; and
- d
magistrates' courts rules.
- a