Part 11Evidence

Chapter 1Evidence of bad character

General

112Interpretation of Chapter 1

C11

In this Chapter—

  • “bad character” is to be read in accordance with section 98;

  • “criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;

  • “defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings; and “co-defendant”, in relation to a defendant, means a person charged with an offence in the same proceedings;

  • “important matter” means a matter of substantial importance in the context of the case as a whole;

  • “misconduct” means the commission of an offence or other reprehensible behaviour;

  • “offence” includes a service offence;

  • “probative value”, and “relevant” (in relation to an item of evidence), are to be read in accordance with section 109;

  • “prosecution evidence” means evidence which is to be (or has been) adduced by the prosecution, or which a witness is to be invited to give (or has given) in cross-examination by the prosecution;

  • F1“service offence” has the same meaning as in the Armed Forces Act 2006;

  • “written charge” has the same meaning as in section 29 and also includes an information.

2

Where a defendant is charged with two or more offences in the same criminal proceedings, this Chapter (except section 101(3)) has effect as if each offence were charged in separate proceedings; and references to the offence with which the defendant is charged are to be read accordingly.

3

Nothing in this Chapter affects the exclusion of evidence—

a

under the rule in section 3 of the Criminal Procedure Act 1865 (c. 18) against a party impeaching the credit of his own witness by general evidence of bad character,

b

under section 41 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (restriction on evidence or questions about complainant’s sexual history), or

c

on grounds other than the fact that it is evidence of a person’s bad character.