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2 Apr 2003 : Column 987—continued
Amendments made: No. 97, in page 72, line 33, leave out
'a defect of speech or hearing'
and insert
'any disability, disorder or other impairment'.
No. 98, in page 72, line 34, after 'signs', insert
'or by way of any device'.—[Hilary Benn.]
Schedule 6
Amendment made: No. 139, in page 193, line 2, at end insert—
'(3A) In section 108(4) for paragraph (a) substitute—
"(a) in the case of proceedings before a court martial, proceedings held for the determination of the issue must take place before the judge advocate in the absence of the other members of the court;".'.—[Hilary Benn.]
Clause 125
Amendments made: No. 99, in page 75, line 28, leave out
'a defect of speech or hearing'
and insert
'any disability, disorder or other impairment'.
No. 100, in page 75, line 29, after 'signs', insert
'or by way of any device'.—[Hilary Benn.]
Clause 85
Simon Hughes: I beg to move amendment No. 29, in page 54, line 11, leave out Clause 85.
Mr. Deputy Speaker (Sir Michael Lord): With this it will be convenient to discuss the following:
Amendment No. 30, in page 54, line 13 leave out
'admissible, if, but only if'
and insert 'not admissible, unless'.
Amendment No. 33, in page 54, leave out lines 15 to 27 and insert
'or
(b) it has substantial probative value in relation to an important matter in issue between the defendant and a codefendant.
(1A) In criminal proceedings evidence of the defendant's bad character is admissible with leave of the court if it is relevant to a matter in issue in the proceedings and—
(a) 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,
(b) it is important explanatory evidence,
(c) 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,
(d) it is relevant to an important matter in issue between the defendant and the prosecution,
(e) it is evidence to correct a false impression given by the defendant, or
(f) the defendant has made an attack on another person's character.
Amendment No. 168, in page 54, line 19, leave out paragraphs (d), (e) and (f).
Amendment No. 133, in page 54, line 19, leave out paragraph (d).
Amendment No. 34, in page 54, line 28, leave out 'subsection (1)' and insert 'subsections (1) and (1A)'.
Amendment No. 35, in page 54, line 29, leave out '(1)(d), (e) or (h)' and insert '(1A)(c), (d) or (f)'.
Amendment No. 126, in page 54, line 29, leave out '(d), (e) or (h)' and insert
'(c), (d), (e), (f) or (h)'.
Amendment No. 23, in page 54, line 30, leave out from third 'the' to 'that' in line 32 and insert
'potential probative value of such evidence is so outweighed by its prejudicial effect'.
Amendment No. 24, in page 54, line 33, leave out subsection (4) and insert—
'(4) In considering the probative value of such evidence the court is to have regard, in particular, to
(a) the extent (if any) to which the evidence tends to suggest that the defendant has a propensity to act in the specific manner alleged;
(b) any similarities between the facts revealed by the evidence and those now alleged;
(c) the extent to which any similarities may be attributed to coincidence;
(d) any dissimilarities between the facts revealed by the evidence and those now alleged, and
(e) the passage of time between the matters to which the evidence relates and the matters now alleged.
(4A) In considering the prejudicial effect of such evidence the court is to have regard, in particular, to
(a) the risk of the tribunal of fact attaching undue significance to the evidence in question in determining the defendant's guilt;
(b) the risk of the tribunal of fact convicting the defendant on the basis of his previous conduct rather than because they are satisfied of his guilt in relation to the matters now alleged;
(c) any disproportion between the gravity of the conduct revealed by the evidence and the gravity of the matters now alleged; and
(d) the risk that such evidence will confuse or distract the tribunal of fact.'.
Government amendment No. 134A.
Amendment No. 125, in page 54, line 38, at end insert—
'(6) A person shall not be convicted of an offence solely on the basis of evidence of his bad character.'.
Amendment No. 51, transfer clause 89 to end of line 38 on page 54.
Amendment No. 36, in clause 86, page 54, line 40, leave out '(1)(c)' and insert '(1A)(b)'.
Amendment No. 134, in page 55, line 1, leave out clause 87.
Amendment No. 37, in clause 87, page 55, line 2, leave out '(1)(d)' and insert '(1A)(c)'.
Amendment No. 38, in clause 87, page 55, line 11, leave out '(1)(d)' and insert '(1A)(c)'.
Amendment No. 39, in clause 88, page 55, line 13, leave out '(1)(e)' and insert '(1A)(d)'.
Amendment No. 40, in clause 88, page 55, line 22, leave out '(1)(e)' and insert '(1A)(d)'.
Amendment No. 41, in clause 89, page 55, line 25, leave out '(f)' and insert '(b)'.
Amendment No. 42, in clause 89, page 55, line 32, leave out '(f)' and insert '(b)'.
Amendment No. 43, in clause 90, page 55, line 34, leave out '(1)(g)' and insert '(1A)(e)'.
Amendment No. 44, in clause 90, page 56, line 21, leave out '(1)(g)' and insert '(1A)(e)'.
Amendment No. 45, in clause 90, page 56, line 23, leave out '(1)(g)' and insert '(1A)(e)'.
Amendment No. 46, in clause 91, page 56, line 25, leave out '(1)(h)' and insert '(1A)(f)'.
Amendment No. 47, in clause 91, page 56, line 43, leave out '(1)(h)' and insert '(1A)(f)'.
Amendment No. 48, in clause 92, page 57, line 3, leave out from 'under' to 'and' in line 4 and insert
'paragraph (b) of section 85(1) or any of paragraphs (b) to (f) of section 85 (1A),'.
Amendment No. 49, in clause 91, page 57, line 25, leave out from 'under' to 'and' in line 26 and insert
'paragraph (b) of section 85(1) or any of paragraphs (b) to (f) of section 85 (1A),'.
Amendment No. 50, in clause 96, page 58, line 30, leave out '(f)' and insert '(b)'.
Government amendments Nos. 96 and 138.
Simon Hughes: Amendments Nos. 29, 30 and 168 are Liberal Democrat amendments. I am conscious that amendments that colleagues from other parties have tabled are in the same group.
We believe that we are embarking on today's most important debate on the Bill. We are considering whether evidence of a defendant's bad character in the criminal courts should be admitted and if so, under what circumstances. The amendment would remove clause 85, which changes the current rules for the worse and alters the historical position of the courts in England and Wales that a defendant's bad character is not generally used as evidence. Under the Bill, such evidence would be used much more frequently.
We could have tabled many amendments. In Committee, we sought to amend clause 82, which defines bad character, and clause 85 and others. In common with Conservative Members, we argued strongly that the right to a fair trial depends on the evidence relating to the case before the court, not the evidence pertaining to aspects of a person's previous life. Some evidence pertaining to considerations that go much wider than criminal convictions will be admissible under the Bill, and we believe that that aspect of the Government's proposals poses the most serious threat to a fair trial.
Mr. Cameron: The hon. Gentleman said earlier that he was in favour of codifying existing law, and much of clause 85 is about codifying the legal admissibility of evidence relating to bad character. If he opposes only some aspects of bad character being admissible, would it not be better to amend the provision rather than scrap it completely as the Liberal amendment suggests?
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