|
|
|
|
| 82M | Stopping the case where evidence contaminated |
|
| (1) | If on a defendant’s trial on indictment for an offence— |
|
| (a) | evidence of his bad character has been admitted with leave |
|
| |
| (b) | the court is satisfied at any time after the close of the case for |
|
| |
| (i) | the evidence is contaminated, and |
|
| (ii) | the contamination is such that, considering the |
|
| importance of the evidence to the case against the |
|
| defendant, his conviction of the offence would be |
|
| |
| | 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. |
|
| |
| (a) | a jury is directed under subsection (1) to acquit a defendant |
|
| |
| (b) | the circumstances are such that, apart from this subsection, |
|
| the defendant could if acquitted of that offence be found |
|
| guilty of another offence, |
|
| | 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. |
|
| |
| (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 indictment with an offence did the act |
|
| or made the omission charged, |
|
| (b) | evidence of the person’s bad character has been admitted |
|
| with leave under section 82B, and |
|
| (c) | the court is satisfied at any time after the close of the case for |
|
| |
| (i) | the evidence is contaminated, and |
|
| (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. |
|
| (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 |
|
| |
| (a) | as a result of an agreement or understanding between the |
|
| person and one or more others, or |
|
| (b) | as a result of the person being aware of anything alleged by |
|
| one or more others who are, or could be, witnesses in the |
|
| |
| | the evidence is false or misleading in any respect, or is different |
|
| from what it would otherwise have been. |
|
| 82N | Assumption of truth in assessment of probative value |
|
| (1) | Subject to subsection (2), a reference in this Act to the probative |
|
| value of evidence is a reference to its probative value on the |
|
| assumption that it is true. |
|
| (2) | In assessing the probative value of an item of evidence for any |
|
| purpose of this Act, 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. |
|
| 82O | Court’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 |
|
| |
| (2) | In this section “relevant ruling” means— |
|
| (a) | a ruling on whether an item of evidence is admissible only |
|
| with leave under section 82B; |
|
| (b) | a decision whether to give leave under that section; |
|
| (c) | a ruling under section 82M. |
|
| |
| (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 |
|
| |
| (2) | The rules may require a party who— |
|
| (a) | proposes to adduce evidence of a defendant’s bad character |
|
| that is admissible only with leave under section 82B, or |
|
| (b) | proposes to cross-examine a witness with a view to eliciting |
|
| |
| | 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) | If a party fails to comply with a requirement that has been imposed |
|
| in relation to an item of evidence by virtue of subsection (2) (and not |
|
| dispensed with by virtue of subsection (3)) the court may take the |
|
| |
| (a) | in deciding whether to grant leave under section 82B; and |
|
| (b) | where leave is given, in considering the exercise of its |
|
| powers with respect to costs. |
|
| |
| (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 |
|
| |
| (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. |
|
| |
| | “prescribed” means prescribed by rules of court; |
|
| |
| |
| (b) | Criminal Appeal Rules; and |
|
| (c) | rules under section 144 of the Magistrates’ Courts |
|
| |
| |
| |
| | “bad character” is to be read in accordance with section 82A; |
|
| | “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; |
|
| |
| (a) | the commission of an offence, or |
|
| (b) | behaviour of a kind that, in the opinion of the court, |
|
| might be viewed with disapproval by a reasonable |
|
| |
| | “prejudice”, in relation to an item of evidence and a defendant, |
|
| is to be read in accordance with subsection (2); |
|
| | “probative value” is to be read in accordance with section 82N; |
|
| | “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 |
|
| |
| (2) | For the purposes of this Act, evidence carries a risk of prejudice to |
|
| |
| (a) | there is a risk that the court or jury would attach undue |
|
| weight to the evidence, or |
|
| (b) | the nature of the matters with which the evidence deals is |
|
| such as to give rise to a risk that the court or jury would find |
|
| the defendant guilty without being satisfied that he was. |
|
| (3) | Where a defendant is charged with two or more offences in the |
|
| same criminal proceedings, this Act 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. |
|
| | 82R Minor and consequential amendments |
|
| (1) | In section 6 of the Criminal Procedure Act 1865 (c. 18) (witness’s |
|
| conviction for offence may be proved if not admitted)— |
|
| (a) | for “A witness may be” substitute “If, upon a witness being |
|
| |
| (b) | omit “and upon being so questioned, if”. |
|
| (2) | In section 1(2) of the Criminal Evidence Act 1898 (c. 36) (restriction |
|
| of privilege against self-incrimination where defendant gives |
|
| evidence) at the beginning insert “Subject to section 6 of the |
|
| Criminal Evidence Act 2001 (inadmissibility of evidence of |
|
| defendant’s bad character)”. |
|
| (3) | In section 16(2) 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) for the words from |
|
| “notwithstanding” to the end substitute “even though the Criminal |
|
| Justice and Police Act 2001 (c. 16) would not prevent the question |
|
| |
| |
| (1) | The common law rules governing the admissibility of evidence of |
|
| bad character in criminal proceedings are abolished. |
|
| (2) | The rules referred to in subsection (1) include any rule under which, |
|
| as an exception to the inadmissibility of hearsay evidence, evidence |
|
| of a person’s reputation is admissible for the purpose of proving his |
|