Part 11Evidence
Chapter 1Evidence of bad character
General
109Assumption of truth in assessment of relevance or probative value
(1)
Subject to subsection (2), a reference in this Chapter to the relevance or probative value of evidence is a reference to its relevance or probative value on the assumption that it is true.
(2)
In assessing the relevance or probative value of an item of evidence for any purpose of this Chapter, a court need not assume that the evidence is true if it appears, on the basis of any material before the court (including any evidence it decides to hear on the matter), that no court or jury could reasonably find it to be true.
110Court’s duty to give reasons for rulings
(1)
Where the court makes a relevant ruling—
(a)
it must state in open court (but in the absence of the jury, if there is one) its reasons for the ruling;
(b)
if it is a magistrates' court, it must cause the ruling and the reasons for it to be entered in the register of the court’s proceedings.
(2)
In this section “relevant ruling” means—
(a)
a ruling on whether an item of evidence is evidence of a person’s bad character;
(b)
a ruling on whether an item of such evidence is admissible under section 100 or 101 (including a ruling on an application under section 101(3));
(c)
a ruling under section 107.
111Rules of court
(1)
Rules of court may make such provision as appears to the appropriate authority to be necessary or expedient for the purposes of this Act; and the appropriate authority is the authority entitled to make the rules.
(2)
The rules may, and, where the party in question is the prosecution, must, contain provision requiring a party who—
(a)
proposes to adduce evidence of a defendant’s bad character, or
(b)
proposes to cross-examine a witness with a view to eliciting such evidence,
to serve on the defendant such notice, and such particulars of or relating to the evidence, as may be prescribed.
(3)
The rules may provide that the court or the defendant may, in such circumstances as may be prescribed, dispense with a requirement imposed by virtue of subsection (2).
(4)
In considering the exercise of its powers with respect to costs, the court may take into account any failure by a party to comply with a requirement imposed by virtue of subsection (2) and not dispensed with by virtue of subsection (3).
(5)
The rules may—
(a)
limit the application of any provision of the rules to prescribed circumstances;
(b)
subject any provision of the rules to prescribed exceptions;
(c)
make different provision for different cases or circumstances.
(6)
Nothing in this section prejudices the generality of any enactment conferring power to make rules of court; and no particular provision of this section prejudices any general provision of it.
F1(7)
In this section “prescribed” means prescribed by rules of court.
112Interpretation of Chapter 1
(1)
In this Chapter—
“bad character” is to be read in accordance with section 98;
“criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;
“defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings; and “co-defendant”, in relation to a defendant, means a person charged with an offence in the same proceedings;
“important matter” means a matter of substantial importance in the context of the case as a whole;
“misconduct” means the commission of an offence or other reprehensible behaviour;
“offence” includes a service offence;
“probative value”, and “relevant” (in relation to an item of evidence), are to be read in accordance with section 109;
“prosecution evidence” means evidence which is to be (or has been) adduced by the prosecution, or which a witness is to be invited to give (or has given) in cross-examination by the prosecution;
“service offence” means an offence under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53);
“written charge” has the same meaning as in section 29 and also includes an information.
(2)
Where a defendant is charged with two or more offences in the same criminal proceedings, this Chapter (except section 101(3)) has effect as if each offence were charged in separate proceedings; and references to the offence with which the defendant is charged are to be read accordingly.
(3)
Nothing in this Chapter affects the exclusion of evidence—
(a)
under the rule in section 3 of the Criminal Procedure Act 1865 (c. 18) against a party impeaching the credit of his own witness by general evidence of bad character,
(b)
under section 41 of the Youth Justice and Criminal Evidence Act 1999 (c. 23) (restriction on evidence or questions about complainant’s sexual history), or
(c)
on grounds other than the fact that it is evidence of a person’s bad character.
113Armed forces
Schedule 6 (armed forces) has effect.