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(5) Subsections (1) and (2) are subject to section 4 of the Bail Act 1976 (c. 63) and | |
section 25 of the Criminal Justice and Public Order Act 1994 (c. 33). | |
Part 10: supplementary | |
78 Functions of the DPP | |
(1) Section 1(7) of the Prosecution of Offences Act 1985 (c. 23) (DPP’s functions | 5 |
exercisable by Crown Prosecutor) does not apply to the provisions of this Part | |
other than section 72(2)(a). | |
(2) In the absence of the Director of Public Prosecutions, his functions under those | |
provisions may be exercised by a person authorised by him. | |
(3) An authorisation under subsection (2)— | 10 |
(a) may relate to a specified person or to persons of a specified description, | |
and | |
(b) may be general or relate to a specified function or specified | |
circumstances. | |
79 Rules of Court | 15 |
(1) Rules of court may make such provision as appears to the authority making | |
them to be necessary or expedient for the purposes of this Part. | |
(2) Without limiting subsection (1), the Criminal Appeal Rules and the Crown | |
Court Rules may in particular make provision as to procedures to be applied | |
in connection with sections 63 to 68, 71 and 75 to 77. | 20 |
(3) Nothing in this section is to be taken as affecting the generality of any | |
enactment conferring power to make rules of court. | |
80 Interpretation of Part 10 | |
(1) In this Part— | |
“acquittal” and related expressions are to be read in accordance with | 25 |
section 62(7), | |
“new evidence” is to be read in accordance with section 65(2), | |
“officer”, subject to section 70(6), means an officer of a police force, | |
“police force” has the meaning given by section 3(3) of the Prosecution of | |
Offences Act 1985 (c. 23), | 30 |
“programme service” has the meaning given by section 69(7), | |
“prosecutor” means an individual or body charged with duties to conduct | |
criminal prosecutions, | |
“publication” has the meaning given by section 69(7), | |
“qualifying offence” has the meaning given by section 62(8), | 35 |
“relevant programme” has the meaning given by section 69(7). | |
(2) Subject to rules of court made under section 53(1) of the Supreme Court Act | |
1981 (c. 54) (power by rules to distribute business of Court of Appeal between | |
its civil and criminal divisions)— | |
(a) the jurisdiction of the Court of Appeal under this Part is to be exercised | 40 |
by the criminal division of that court, and | |
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(b) references in this Part to the Court of Appeal are to be construed as | |
references to that division. | |
Part 11 | |
Evidence | |
Chapter 1 | 5 |
Evidence of bad character | |
Introductory | |
81 “Bad character” | |
(1) For the purposes of this Chapter, evidence of a person’s bad character is | |
evidence which shows or tends to show that— | 10 |
(a) he has committed an offence, or | |
(b) he has behaved, or is disposed to behave, in a way that, in the opinion | |
of the court, might be viewed with disapproval by a reasonable person. | |
(2) But references in the Chapter to evidence of a person’s bad character do not | |
apply to evidence which— | 15 |
(a) has to do with the alleged facts of the offence with which the defendant | |
is charged, or | |
(b) is evidence of misconduct in connection with the investigation or | |
prosecution of that offence. | |
82 Abolition of common law rules | 20 |
(1) The common law rules governing the admissibility of evidence of bad | |
character in criminal proceedings are abolished. | |
(2) Subsection (1) is subject to section 102(1) in so far as it preserves the rule under | |
which in criminal proceedings a person’s reputation is admissible for the | |
purposes of proving his bad character. | 25 |
Persons other than defendants | |
83 Non-defendant’s bad character | |
(1) In criminal proceedings evidence of the bad character of a person other than | |
the defendant is admissible if and only if— | |
(a) it is important explanatory evidence, | 30 |
(b) it has substantial probative value in relation to a matter which— | |
(i) is a matter in issue in the proceedings, and | |
(ii) is of substantial importance in the context of the case as a whole, | |
or | |
(c) all parties to the proceedings agree to the evidence being admissible. | 35 |
(2) For the purposes of subsection (1)(a) evidence is important explanatory | |
evidence if— | |
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(a) without it, the court or jury would find it impossible or difficult | |
properly to understand other evidence in the case, and | |
(b) its value for understanding the case as a whole is substantial. | |
(3) In assessing the probative value of evidence for the purposes of subsection | |
(1)(b) the court must have regard to the following factors (and to any others it | 5 |
considers relevant)— | |
(a) the nature and number of the events, or other things, to which the | |
evidence relates; | |
(b) when those events or things are alleged to have happened or existed; | |
(c) where— | 10 |
(i) the evidence is evidence of a person’s misconduct, and | |
(ii) it is suggested that the evidence has probative value by reason | |
of similarity between that misconduct and other alleged | |
misconduct, | |
the nature and extent of the similarities and the dissimilarities between | 15 |
each of the alleged instances of misconduct; | |
(d) where— | |
(i) the evidence is evidence of a person’s misconduct, | |
(ii) it is suggested that that person is also responsible for the | |
misconduct charged, and | 20 |
(iii) the identity of the person responsible for the misconduct | |
charged is disputed, | |
the extent to which the evidence shows or tends to show that the same | |
person was responsible each time. | |
(4) Except where subsection (1)(c) applies, evidence of the bad character of a | 25 |
person other than the defendant must not be given without leave of the court. | |
Defendants | |
84 Defendant’s bad character | |
(1) In criminal proceedings evidence of the defendant’s bad character is | |
admissible if, but only if— | 30 |
(a) all parties to the proceedings agree to the evidence being admissible, | |
(b) the evidence is adduced by the defendant himself or is given in answer | |
to a question asked by him in cross-examination and intended to elicit | |
it, | |
(c) it is important explanatory evidence, | 35 |
(d) it is evidence of the defendant’s conviction for an offence of the same | |
description, or of the same category, as the one with which he is | |
charged, | |
(e) it is relevant to an important matter in issue between the defendant and | |
the prosecution, | 40 |
(f) it has substantial probative value in relation to an important matter in | |
issue between the defendant and a co-defendant, | |
(g) it is evidence to correct a false impression given by the defendant, or | |
(h) the defendant has made an attack on another person’s character. | |
(2) Sections 85 to 90 contain provision supplementing subsection (1). | 45 |
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(3) The court must not admit evidence under subsection (1)(d), (e) or (h) if, on an | |
application by the defendant to exclude it, it appears to the court that the | |
admission of the evidence would have such an adverse effect on the fairness of | |
the proceedings that the court ought not to admit it. | |
(4) On an application to exclude evidence under subsection (3) the court must | 5 |
have regard, in particular, to the length of time between the matters to which | |
that evidence relates and the matters which form the subject of the offence | |
charged. | |
(5) Nothing in this Chapter affects the exclusion of evidence on grounds other | |
than the fact that it is evidence of the defendant’s bad character. | 10 |
85 “Important explanatory evidence” | |
For the purposes of section 84(1)(c) evidence is important explanatory evidence | |
if— | |
(a) without it, the court or jury would find it impossible or difficult | |
properly to understand other evidence in the case, and | 15 |
(b) its value for understanding the case as a whole is substantial. | |
86 Offences “of the same description” or “of the same category” | |
(1) For the purposes of section 84(1)(d)— | |
(a) two offences are of the same description as each other if the statement | |
of the offence in an information or indictment would, in each case, be | 20 |
in the same terms; | |
(b) two offences are of the same category as each other if they belong to the | |
same category of offences prescribed for the purposes of this section by | |
an order made by the Secretary of State. | |
(2) A category prescribed by an order under this section must consist of offences | 25 |
of the same type. | |
(3) Only prosecution evidence is admissible under section 84(1)(d). | |
87 “Matter in issue between the defendant and the prosecution” | |
(1) For the purposes of section 84(1)(e) the matters in issue between the defendant | |
and the prosecution include— | 30 |
(a) the question whether the defendant has a propensity to commit | |
offences of the kind with which he is charged, except where his having | |
such a propensity makes it no more likely that he is guilty of the | |
offence; | |
(b) the question whether the defendant has a propensity to be untruthful, | 35 |
except where it is not suggested that the defendant’s case is untruthful | |
in any respect. | |
(2) Only prosecution evidence is admissible under section 84(1)(e). | |
88 “Matter in issue between the defendant and a co-defendant” | |
(1) Evidence which is relevant to the question whether the defendant has a | 40 |
propensity to be untruthful is admissible on that basis under section 84(1)(f) | |
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(1) only if the nature or conduct of his defence is such as to undermine the co- | |
defendant’s defence. | |
(2) Only evidence— | |
(a) which is to be (or has been) adduced by the co-defendant, or | |
(b) which a witness is to be invited to give (or has given) in cross- | 5 |
examination by the co-defendant, | |
is admissible under section 84(1)(f). | |
89 “Evidence to correct a false impression” | |
(1) For the purposes of section 84(1)(g)— | |
(a) the defendant gives a false impression if he is responsible for the | 10 |
making of an express or implied assertion which is apt to give the court | |
or jury a false or misleading impression about the defendant; | |
(b) evidence to correct such an impression is evidence which has probative | |
value in correcting it. | |
(2) A defendant is treated as being responsible for the making of an assertion if— | 15 |
(a) the assertion is made by the defendant in the proceedings (whether or | |
not in evidence given by him), | |
(b) the assertion was made by the defendant— | |
(i) on being questioned under caution, before charge, about the | |
offence with which he is charged, or | 20 |
(ii) on being charged with the offence or officially informed that he | |
might be prosecuted for it, | |
and evidence of the assertion is given in the proceedings, | |
(c) the assertion is made by a witness called by the defendant, | |
(d) the assertion is made by any witness in cross-examination in response | 25 |
to a question asked by the defendant that is intended to elicit it, or is | |
likely to do so, or | |
(e) the assertion was made by any person out of court, and the defendant | |
adduces evidence of it in the proceedings. | |
(3) A defendant who would otherwise be treated as responsible for the making of | 30 |
an assertion shall not be so treated if, or to the extent that, he withdraws it or | |
disassociates himself from it. | |
(4) Where it appears to the court that a defendant, by means of his conduct (other | |
than the giving of evidence) in the proceedings, is seeking to give the court or | |
jury an impression about himself that is false or misleading, the court may if it | 35 |
appears just to do so treat the defendant as being responsible for the making of | |
an assertion which is apt to give that impression. | |
(5) In subsection (4) “conduct” includes appearance or dress. | |
(6) Evidence is admissible under section 84(1)(g) only if it goes no further than is | |
necessary to correct the false impression. | 40 |
(7) Only prosecution evidence is admissible under section 84(1)(g). | |
90 “Attack on another person’s character” | |
(1) For the purposes of section 84(1)(h) a defendant makes an attack on another | |
person’s character if— | |
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(a) he adduces evidence attacking the other person’s character, | |
(b) he asks questions in cross-examination that are intended to elicit such | |
evidence, or are likely to do so, or | |
(c) evidence is given of an imputation about the other person made by the | |
defendant— | 5 |
(i) on being questioned under caution, before charge, about the | |
offence with which he is charged, or | |
(ii) on being charged with the offence or officially informed that he | |
might be prosecuted for it. | |
(2) In subsection (1) “evidence attacking the other person’s character” means | 10 |
evidence to the effect that the other person— | |
(a) has committed an offence (whether a different offence from the one | |
with which the defendant is charged or the same one), or | |
(b) has behaved, or is disposed to behave, in a way that, in the opinion of | |
the court, might be viewed with disapproval by a reasonable person; | 15 |
and “imputation about the other person” means an assertion to that effect. | |
(3) Only prosecution evidence is admissible under section 84(1)(h). | |
91 Stopping the case where evidence contaminated | |
(1) If on a defendant’s trial before a judge and jury for an offence— | |
(a) evidence of his bad character has been admitted under any of | 20 |
paragraphs (c) to (h) of section 84(1), and | |
(b) the court is satisfied at any time after the close of the case for the | |
prosecution that— | |
(i) the evidence is contaminated, and | |
(ii) the contamination is such that, considering the importance of | 25 |
the evidence to the case against the defendant, his conviction of | |
the offence would be unsafe, | |
the court must either direct the jury to acquit the defendant of the offence or, if | |
it considers that there ought to be a retrial, discharge the jury. | |
(2) Where— | 30 |
(a) a jury is directed under subsection (1) to acquit a defendant of an | |
offence, and | |
(b) the circumstances are such that, apart from this subsection, the | |
defendant could if acquitted of that offence be found guilty of another | |
offence, | 35 |
the defendant may not be found guilty of that other offence if the court is | |
satisfied as mentioned in subsection (1)(b) in respect of it. | |
(3) If— | |
(a) a jury is required to determine under section 4A(2) of the Criminal | |
Procedure (Insanity) Act 1964 (c. 84) whether a person charged on an | 40 |
indictment with an offence did the act or made the omission charged, | |
(b) evidence of the person’s bad character has been admitted under any of | |
paragraphs (c) to (h) of section 84(1), and | |
(c) the court is satisfied at any time after the close of the case for the | |
prosecution that— | 45 |
(i) the evidence is contaminated, and | |
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(ii) the contamination is such that, considering the importance of | |
the evidence to the case against the person, a finding that he did | |
the act or made the omission would be unsafe, | |
the court must either direct the jury to acquit the defendant of the offence or, if | |
it considers that there ought to be a rehearing, discharge the jury. | 5 |
(4) This section does not prejudice any other power a court may have to direct a | |
jury to acquit a person of an offence or to discharge a jury. | |
(5) For the purposes of this section a person’s evidence is contaminated where— | |
(a) as a result of an agreement or understanding between the person and | |
one or more others, or | 10 |
(b) as a result of the person being aware of anything alleged by one or more | |
others whose evidence may be, or has been, given in the proceedings, | |
the evidence is false or misleading in any respect, or is different from what it | |
would otherwise have been. | |
92 Offences committed by defendant when a child | 15 |
Section 16(2) and (3) of the Children and Young Persons Act 1963 (c. 37) | |
(offences committed by person under 14 disregarded for purposes of evidence | |
relating to previous convictions) shall cease to have effect. | |
General | |
93 Assumption of truth in assessment of relevance or probative value | 20 |
(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 | 25 |
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. | |
94 Court’s duty to give reasons for rulings | |
(1) Where the court makes a relevant ruling— | 30 |
(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— | 35 |
(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 83 or 84 (including a ruling on an application under section | |
84(3)); | 40 |
(c) a ruling under section 91. | |
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