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—

    1. a

      Crown Court rules;

    2. b

      rules of court made under section 55 of the Judicature (Northern Ireland) Act 1978 (c. 23);

    3. c

      county court rules; and

    4. d

      magistrates' courts rules.