Clause 82 - Abolition of common law rules
Criminal Justice Bill
2:30 pm

Mr Dominic Grieve (Beaconsfield, Conservative)

Just before we adjourned, I asked the Minister to explain the retention of the common law rules relating to a person's reputation. I should be interested to know the significance of that and what it would still allow that would otherwise be excluded.

Mr Hilary Benn (Parliamentary Under-Secretary, Home Office; Leeds Central, Labour)

Clause 82(2) retains the common law exception to the hearsay rule that allows a person's reputation to be used to prove his bad character. The retention of the rule is part of the provisions on hearsay in chapter 2 of this part of the Bill—specifically clause 102. Without it, there would be an apparent inconsistency between the retention of that rule for the purposes of the hearsay clauses and the abolition of all the common law rules governing bad character evidence. However, subsection (2) does not extend the admissibility of bad character evidence. It simply enables reputation to be used to prove a person's bad character. The fact that evidence of a person's bad character can be given will need to be established separately.

Mr David Heath (Somerton and Frome, Liberal Democrat)

This morning, my hon. Friend the Member for Southwark, North and Bermondsey (Simon Hughes) said that we would not support the retention of the provision until we were assured of an adequate replacement, which we are still not. He is engaged in asking a question at the newly established Youth questions in Westminster Hall. I have heard nothing from the Minister that has reassured me, so I intend to divide the Committee.

Question put, That the clause stand part of the Bill:—

The Committee divided: Ayes 11, Noes 6.