Clause 81 - ''Bad character''
Criminal Justice Bill
9:30 am

Photo of Mr Humfrey Malins

Mr Humfrey Malins (Woking, Conservative)

Yes. The hon. Gentleman is right and refers, I think, to the case of R v. Z. Some of us may not approve of that, but that is by the by. Equally, the overall saving grace is the judge's discretion, usually under section 78 of the Police and Criminal Evidence Act 1984. It would take a powerful Crown argument to persuade a judge to move away from defending the interests of the defence.

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