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

Criminal Evidence Bill 3
6 Defendant’s bad character
Defendants
In the case of evidence of the defendant’s bad character, the court is not to give
leave under section 2 unless the evidence falls within section 7, 8, 9, 10 or 11.
7 Evidence with explanatory value
(1) Evidence falls within this section if the following three conditions are met.
(2) The first condition is that, without the evidence, the court or jury would find it
impossible or difficult properly to understand other evidence in the case.
(3) The second condition is that the value of the evidence for understanding the
case as a whole is substantial.
(4) The third condition is that the court is satisfied—
(a) that, in all the circumstances of the case, the evidence carries no risk of
prejudice to the defendant, or
(b) that the value of the evidence for understanding the case as a whole is
such that, taking account of the risk of prejudice, the interests of justice
nevertheless require the evidence to be admissible.
8 Evidence going to a matter in issue
(1) Evidence falls within this section if the following two conditions are met.
(2) The first condition is that the evidence has substantial probative value in
relation to a matter which—
(a) is a matter in issue in the proceedings, and
(b) is of substantial importance in the context of the case as a whole.
(3) The second condition is that the court is satisfied—
(a) that, in all the circumstances of the case, the evidence carries no risk of
prejudice to the defendant, or
(b) that, taking account of the risk of prejudice, the interests of justice
nevertheless require the evidence to be admissible in view of—
(i) how much probative value it has in relation to the matter in
issue,
(ii) what other evidence has been, or can be, given on that matter,
and
(iii) how important that matter is in the context of the case as a
whole.
(4) In determining whether the two conditions are met the court must have regard
to the factors listed in section 5(2) (and to any others it considers relevant).
(5) For the purposes of this section, whether the defendant has a propensity to be
untruthful is not to be regarded as a matter in issue in the proceedings.
(6) Only prosecution evidence can fall within this section.
9 Evidence going to credibility
(1) This section applies only where—
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