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

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Criminal Evidence Bill
“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;
“misconduct” means—
(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 person;
“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 14;
“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 prosecution.
(2) For the purposes of this Act evidence carries a risk of prejudice to a defendant
where—
(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.
18 Armed forces
Schedule 1 (armed forces) has effect.
19 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 lawfully”;
(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 Evidence Act 2001 would not prevent the
question from being asked.”
20 Repeals etc
(1) The common law rules governing the admissibility of evidence of bad
character in criminal proceedings are abolished.
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