Part 11 Evidence (ss 98-141)
Part 11 Evidence (ss 98-141)

98 Bad character

References in this Chapter to evidence of a person's “bad character” are to evidence of, or of a disposition towards, misconduct on his part, other than evidence which—

(a)     has to do with the alleged facts of the offence with which the defendant is charged, or

(b)     is evidence of misconduct in connection with the investigation or prosecution of that offence.

99 Abolition of common law rules

(1)     The common law rules governing the admissibility of evidence of bad character in criminal proceedings are abolished.

(2)     Subsection (1) is subject to section 118(1) in so far as it preserves the rule under which in criminal proceedings a person's reputation is admissible for the purposes of proving his bad character.

100 Non-defendant's bad character

(1)     In criminal proceedings evidence of the bad character of a person other than the defendant is admissible if and only if—

(a)     it is important explanatory evidence,

(b)     it has substantial probative value in relation to a matter which—

(i)     is a matter in issue in the proceedings, and

(ii)     is of substantial importance in the context of the case as a whole, or

(c)     all parties to the proceedings agree to the evidence being admissible.

(2)     For the purposes of subsection (1)(a) evidence is important explanatory evidence if—

(a)     without it, the court or jury would find it impossible or difficult properly to understand other evidence in the case, and

(b)     its value for understanding the case as a whole is substantial.

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