PART 35EVIDENCE OF BAD CHARACTER
Application to introduce evidence of a non-defendant’s bad character35.3
1
This rule applies where a party wants to introduce evidence of the bad character of a person other than the defendant.
2
That party must serve an application to do so on—
a
the court officer; and
b
each other party.
3
The applicant must serve the application—
a
as soon as reasonably practicable; and in any event
b
not more than 14 days after the prosecutor discloses material on which the application is based (if the prosecutor is not the applicant).
4
A party who objects to the introduction of the evidence must—
a
serve notice on—
i
the court officer, and
ii
each other party
not more than 14 days after service of the application; and
b
in the notice explain, as applicable—
i
which, if any, facts of the misconduct set out in the application that party disputes,
ii
what, if any, facts of the misconduct that party admits instead,
iii
why the evidence is not admissible, and
iv
any other objection to the application.
5
The court—
a
may determine an application—
i
at a hearing, in public or in private, or
ii
without a hearing;
b
must not determine the application unless each party other than the applicant—
i
is present, or
ii
has had at least 14 days in which to serve a notice of objection;
c
may adjourn the application; and
d
may discharge or vary a determination where it can do so under—
i
section 8B of the Magistrates’ Courts Act 1980417 (ruling at pre-trial hearing in a magistrates’ court), or
[Note. The Practice Direction sets out a form of application for use in connection with this rule.
See also rule 35.5 (reasons for decisions must be given in public).]