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

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Crim<strong>in</strong>al <strong>Evidence</strong> Bill 11<br />

(2) The rules referred to <strong>in</strong> subsection (1) <strong>in</strong>clude any rule under which, as an<br />

exception to the <strong>in</strong>admissibility <strong>of</strong> hearsay evidence, evidence <strong>of</strong> a person’s<br />

reputation is admissible for the purpose <strong>of</strong> prov<strong>in</strong>g his character, but only so<br />

far as the rule relates to evidence <strong>of</strong> bad character.<br />

(3) The follow<strong>in</strong>g cease to have effect—<br />

(a) section 1(3) <strong>of</strong> the Crim<strong>in</strong>al <strong>Evidence</strong> Act 1898 (c. 36) (which makes<br />

provision as to the questions that a defendant may be asked about his<br />

bad character <strong>in</strong> cross-exam<strong>in</strong>ation);<br />

(b) section 27(3) <strong>of</strong> the Theft Act 1968 (c. 60) (admission <strong>of</strong> evidence <strong>of</strong><br />

previous convictions for theft etc to prove that defendant knew goods<br />

to be stolen).<br />

(4) The enactments specified <strong>in</strong> Schedule 2 are repealed to the extent specified.<br />

21 Citation, commencement and extent<br />

(1) This Act may be cited as the Crim<strong>in</strong>al <strong>Evidence</strong> Act 2001.<br />

(2) This Act comes <strong>in</strong>to force on such day as the Secretary <strong>of</strong> State may appo<strong>in</strong>t by<br />

order made by statutory <strong>in</strong>strument; and different days may be appo<strong>in</strong>ted for<br />

different purposes.<br />

(3) No provision <strong>of</strong> this Act applies <strong>in</strong> relation to a hear<strong>in</strong>g begun before the day<br />

appo<strong>in</strong>ted for the purposes <strong>of</strong> that provision under subsection (2).<br />

(4) An order under subsection (2) may <strong>in</strong>clude such supplementary, <strong>in</strong>cidental or<br />

consequential provisions as appear to the Secretary <strong>of</strong> State to be necessary or<br />

expedient.<br />

(5) This Act, except section 18 and Schedule 1, extends to England and Wales only.<br />

(6) Section 18 and Schedule 1, so far as relat<strong>in</strong>g to proceed<strong>in</strong>gs before a particular<br />

service court, have the same extent as the Act under which the court is<br />

constituted.<br />

5<br />

10<br />

15<br />

20<br />

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