Evidence of Bad Character in Criminal ... - Law Commission

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PART XIV: THE CO-DEFENDANT EXCEPTION 172
Introduction 14.1 172
Our provisional proposals 14.4 173
Bad character evidence adduced by a co-defendant 14.5 173
Cross-examination of a co-defendant 14.6 173
Attacks on a co-accused by a defendant who does not testify 14.12 174
The views of respondents
A question of balance 14.13 174
Cross-examination of a co-defendant 14.17 175
Our proposal 14.22 176
Who should be able to apply? 14.26 177
Attacks on D2 by D1 where D1 does not testify 14.28 177
Relevance of bad character to guilt as well as credibility 14.31 178
Our recommendation 14.36 179
The operation of the exception 14.49 182
Severance 14.52 182
PART XV: THE QUALITY OF TENDERED EVIDENCE 184
Introduction 15.1 184
What are contamination and collusion? 15.3 184
The quality of evidence and admissibility 15.8 185
The current law 15.9 186
The options in the consultation paper and the response on
consultation 15.10 186
The policy considerations 15.15 187
What approach is a court to adopt to bad character evidence
generally? 15.25 190
The recommendation 15.26 191
A duty to withdraw the case from the jury 15.27 191
Responses on consultation 15.32 192
The recommendation 15.37 193