Criminal Justice Act 2003

112 Interpretation of Chapter 1 E+W

(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;

• [F1 “service offence” has the same meaning as in the Armed Forces Act 2006;]

• “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.

Textual Amendments

F1 S. 112(1): definition of "service offence" substituted (28.3.2009 for certain purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 215; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C1 S. 112(1) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 53(2)