The Criminal Procedure Rules 2011

Content of application or notice

35.2.—(1) A party who wants to introduce evidence of bad character must—

(a) make an application under rule 35.3, where it is evidence of a non-defendant’s bad character;

(b) give notice under rule 35.4, where it is evidence of a defendant’s bad character.

(2) An application or notice must—

(a) set out the facts of the misconduct on which that party relies,

(b) explain how that party will prove those facts (whether by certificate of conviction, other official record, or other evidence), if another party disputes them, and

(c) explain why the evidence is admissible.

[Note. The Practice Direction sets out forms of application and notice for use in connection with rules 35.3 and 35.4.

The fact that a person was convicted of an offence may be proved under—

(a) section 73 of the Police and Criminal Evidence Act 1984(1) (conviction in the United Kingdom or European Union); or

(b) section 7 of the Evidence Act 1851(2) (conviction outside the United Kingdom).

See also sections 117 and 118 of the Criminal Justice Act 2003 (admissibility of evidence contained in business and other documents).

Under section 10 of the Criminal Justice Act 1967(3), a party may admit a matter of fact.]

(1)

1984 c. 60; section 73 was amended by section 90(1) of, and paragraphs 125 and 128 of Schedule 13 to, the Access to Justice Act 1999 (c. 22) and paragraph 285 of Schedule 8 to, the Courts Act 2003 (c. 39).

(2)

1851 c. 99.

(3)

1967 c. 80.