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

Criminal Evidence Bill 5
(d) in a case where this section applies by virtue of subsection (2)(b),
whether or not the evidence intended to be elicited is actually given;
(e) how inaccurate the impression mentioned in subsection (5) would be;
(f) where the responding evidence is of a spent conviction, the fact that the
conviction is spent;
(g) any risk that admitting the responding evidence would be confusing or
misleading, or would unduly prolong the proceedings.
(8) Only prosecution evidence can fall within this section.
10 Evidence to correct false impression
(1) This section applies only where the defendant is responsible for the making of
an express or implied assertion which is apt to give the court or jury a false or
misleading impression about the defendant.
(2) Evidence falls within this section if the following two conditions are met.
(3) The first condition is that the evidence has substantial probative value in
correcting the false or misleading impression.
(4) 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 correcting the false or
misleading impression,
(ii) what other evidence has been, or can be, given to correct that
impression, and
(iii) how important it is, in the context of the case as a whole, for that
impression to be corrected.
(5) For the purposes of this section a defendant is responsible for the making of an
assertion if—
(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
(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
to a question asked by the defendant and intended, in the opinion of the
court, to elicit it, or
(e) the assertion was made by any person out of court, and the defendant
adduces evidence of it in the proceedings.
(6) 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
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