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

Clause 17 (cont’d)
EXPLANATORY NOTES
Subsection (3) has the effect that, in applying clause 8 where the defendant faces more than
one charge, the court approaches the question of admissibility for each offence in isolation.
Thus evidence might be admissible in relation to offence A but inadmissible in relation to
offence B.
Clause 18
This clause gives effect to Schedule 1, which makes provision for the use of bad character
evidence in courts-martial and other service courts.
Clause 19
This clause makes various minor and consequential amendments to existing statutes.
Clause 20
Subsection (1) abolishes the existing common law rules on bad character evidence, and
subsection (3)(a) repeals section 1(3) (formerly section 1(f)) of the Criminal Evidence Act
1898. (The Bill has been drafted on the basis that paragraph 4 of Schedule 1 to the Youth
Justice and Criminal Evidence Act 1999 is already in force although it is not in force at the
time of writing.) Thus the Bill sets out all the rules applicable to bad character evidence in
criminal proceedings.