Criminal Justice (Scotland) Act 1995

24 Evidence of criminal record and character of accused

(1) In section 141 of the 1975 Act (accused competent witness for defence in solemn proceedings)—

(a) in subsection (1), in paragraph (f)(ii) of the proviso—

(i) after the word “character” where it first occurs there shall be inserted “or impugning the character of the complainer”; and

(ii) after the word “prosecution” in the second place where it occurs there shall be inserted “or of the complainer”; and

(b) after that subsection there shall be inserted the following subsections—

“(1A) In a case to which sub-paragraph (ii) of paragraph (f) of the proviso to subsection (1) above applies, the prosecutor shall be entitled to ask the accused a question of a kind specified in that paragraph only if the court, on the application of the prosecutor, permits him to do so.

(1B) An application under subsection (1A) above shall be made in the course of the trial but in the absence of the jury.

(1C) In subsection (1) above, references to the complainer include references to a victim who is deceased.”.

(2) After section 141 of that Act there shall be inserted the following section—

“141ZA Evidence of criminal record and character of accused

(1) This section applies where—

(a) evidence is led by the defence, or the defence asks questions of a witness for the prosecution, with a view to establishing the accused’s good character or impugning the character of the prosecutor, of any witness for the prosecution or of the complainer; or

(b) the nature or conduct of the defence is such as to tend to establish the accused’s good character or to involve imputations on the character of the prosecutor, of any witness for the prosecution or of the complainer.

(2) Where this section applies the court may, without prejudice to section 149 of this Act, on the application of the prosecutor, permit the prosecutor to lead evidence that the accused has committed, or has been convicted of, or has been charged with, offences other than that for which he is being tried, or is of bad character, notwithstanding that a witness or production concerned is not included in any list lodged by the prosecutor and that the notice required by sections 81 and 82(2) of this Act has not been given.

(3) An application under subsection (2) above shall be made in the course of the trial but in the absence of the jury.

(4) In subsection (1) above, references to the complainer include references to a victim who is deceased.”.

(3) In section 160 of that Act (laying of previous convictions before jury), for subsection (2) there shall be substituted the following subsection—

“(2) Nothing in subsection (1) above shall prevent the prosecutor—

(a) asking the accused questions tending to show that he has been convicted of an offence other than that with which he is charged, where he is entitled to do so under section 141 of this Act; or

(b) leading evidence of previous convictions where it is competent to do so—

(i) as evidence in support of a substantive charge; or

(ii) under section 141ZA of this Act.”.

(4) In section 346 of that Act (accused competent witness for defence in summary proceedings)—

(a) in subsection (1), in paragraph (f)(ii) of the proviso—

(i) after the word “character” where it first occurs there shall be inserted “or impugning the character of the complainer”; and

(ii) after the word “prosecution” in the second place where it occurs there shall be inserted “or of the complainer”; and

(b) after that subsection there shall be inserted the following subsections—

“(1A) In a case to which sub-paragraph (ii) of paragraph (f) of the proviso to subsection (1) above applies, the prosecutor shall be entitled to ask the accused a question of a kind specified in that paragraph only if the court, on the application of the prosecutor, permits him to do so.

(1B) In subsection (1) above, references to the complainer include references to a victim who is deceased.”.

(5) After section 346 of that Act there shall be inserted the following section—

“346ZA Evidence of criminal record and character of accused

(1) This section applies where—

(a) evidence is led by the defence, or the defence asks questions of a witness for the prosecution, with a view to establishing the accused’s good character or impugning the character of the prosecutor, of any witness for the prosecution or of the complainer; or

(b) the nature or conduct of the defence is such as to tend to establish the accused’s good character or to involve imputations on the character of the prosecutor, of any witness for the prosecution or of the complainer.

(2) Where this section applies the court may, without prejudice to section 350 of this Act, on the application of the prosecutor, permit the prosecutor to lead evidence that the accused has committed, or has been convicted of, or has been charged with, offences other than that for which he is being tried, or is of bad character.

(3) In subsection (1) above, references to the complainer include references to a victim who is deceased.”.

(6) In section 357 of that Act (laying of previous convictions before court), in subsection (5), for the words from “evidence” where it first occurs to the end there shall be substituted “the prosecutor—

(a) asking the accused questions tending to show that the accused has been convicted of an offence other than that with which he is charged, where he is entitled to do so under section 346 of this Act; or

(b) leading evidence of previous convictions where it is competent to do so—

(i) as evidence in support of a substantive charge; or

(ii) under section 346ZA of this Act.”.