103 Matter in issue between the defendant and the prosecution
103 Matter in issue between the defendant and the prosecution

(1)     For the purposes of section 101(1)(d) the matters in issue between the defendant and the prosecution include—

(a)     the question whether the defendant has a propensity to commit offences of the kind with which he is charged, except where his having such a propensity makes it no more likely that he is guilty of the offence;

(b)     the question whether the defendant has a propensity to be untruthful, except where it is not suggested that the defendant's case is untruthful in any respect.

(2)     Where subsection (1)(a) applies, a defendant's propensity to commit offences of the kind with which he is charged may (without prejudice to any other way of doing so) be established by evidence that he has been convicted of—

(a)     an offence of the same description as the one with which he is charged, or

(b)     an offence of the same category as the one with which he is charged.

(3)     Subsection (2) does not apply in the case of a particular defendant if the court is satisfied, by reason of the length of time since the conviction or for any other reason, that it would be unjust for it to apply in his case.

(4)     For the purposes of subsection (2)—