Criminal Justice Act 2003 (c. 44)

Part 11 E+W Evidence

Chapter 1 E+W Evidence of bad character

Defendants E+W

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

(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).