Part 11Evidence

Chapter 1Evidence of bad character

Defendants

104“Matter in issue between the defendant and a co-defendant”

1

Evidence which is relevant to the question whether the defendant has a propensity to be untruthful is admissible on that basis under section 101(1)(e) only if the nature or conduct of his defence is such as to undermine the co-defendant’s defence.

2

Only evidence—

a

which is to be (or has been) adduced by the co-defendant, or

b

which a witness is to be invited to give (or has given) in cross-examination by the co-defendant,

is admissible under section 101(1)(e).