Part 11Evidence

Chapter 1Evidence of bad character

General

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.

7

In this section—

  • “prescribed” means prescribed by rules of court;

  • “rules of court” means—

    1. a

      Crown Court Rules;

    2. b

      Criminal Appeal Rules;

    3. c

      rules under section 144 of the Magistrates' Courts Act 1980 (c. 43).