Clause 85 — Defendant's Bad Character

Part of Criminal Justice Bill – in the House of Commons at 4:36 pm on 2 April 2003.

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Photo of Michael Lord Michael Lord Deputy Speaker (Second Deputy Chairman of Ways and Means) 4:36, 2 April 2003

With this it will be convenient to discuss the following:

Amendment No. 30, in page 54, line 13 leave out

'admissible, if, but only if' and insert 'not admissible, unless'.

Amendment No. 33, in page 54, leave out lines 15 to 27 and insert

'or

(b) it has substantial probative value in relation to an important matter in issue between the defendant and a codefendant.

(1A) In criminal proceedings evidence of the defendant's bad character is admissible with leave of the court if it is relevant to a matter in issue in the proceedings and—

(a) the evidence is adduced by the defendant himself or is given in answer to a question asked by him in cross-examination and intended to elicit it,

(b) it is important explanatory evidence,

(c) it is evidence of the defendant's conviction for an offence of the same description or of the same category, as the one with which he is charged,

(d) it is relevant to an important matter in issue between the defendant and the prosecution,

(e) it is evidence to correct a false impression given by the defendant, or

(f) the defendant has made an attack on another person's character.

Amendment No. 168, in page 54, line 19, leave out paragraphs (d), (e) and (f).

Amendment No. 133, in page 54, line 19, leave out paragraph (d).

Amendment No. 34, in page 54, line 28, leave out 'subsection (1)' and insert 'subsections (1) and (1A)'.

Amendment No. 35, in page 54, line 29, leave out '(1)(d), (e) or (h)' and insert '(1A)(c), (d) or (f)'.

Amendment No. 126, in page 54, line 29, leave out '(d), (e) or (h)' and insert

'(c), (d), (e), (f) or (h)'.

Amendment No. 23, in page 54, line 30, leave out from third 'the' to 'that' in line 32 and insert

'potential probative value of such evidence is so outweighed by its prejudicial effect'.

Amendment No. 24, in page 54, line 33, leave out subsection (4) and insert—

'(4) In considering the probative value of such evidence the court is to have regard, in particular, to

(a) the extent (if any) to which the evidence tends to suggest that the defendant has a propensity to act in the specific manner alleged;

(b) any similarities between the facts revealed by the evidence and those now alleged;

(c) the extent to which any similarities may be attributed to coincidence;

(d) any dissimilarities between the facts revealed by the evidence and those now alleged, and

(e) the passage of time between the matters to which the evidence relates and the matters now alleged.

(4A) In considering the prejudicial effect of such evidence the court is to have regard, in particular, to

(a) the risk of the tribunal of fact attaching undue significance to the evidence in question in determining the defendant's guilt;

(b) the risk of the tribunal of fact convicting the defendant on the basis of his previous conduct rather than because they are satisfied of his guilt in relation to the matters now alleged;

(c) any disproportion between the gravity of the conduct revealed by the evidence and the gravity of the matters now alleged; and

(d) the risk that such evidence will confuse or distract the tribunal of fact.'.

Government amendment No. 134A.

Amendment No. 125, in page 54, line 38, at end insert—

'(6) A person shall not be convicted of an offence solely on the basis of evidence of his bad character.'.

Amendment No. 51, transfer clause 89 to end of line 38 on page 54.

Amendment No. 36, in clause 86, page 54, line 40, leave out '(1)(c)' and insert '(1A)(b)'.

Amendment No. 134, in page 55, line 1, leave out clause 87.

Amendment No. 37, in clause 87, page 55, line 2, leave out '(1)(d)' and insert '(1A)(c)'.

Government amendment No. 95.

Amendment No. 38, in clause 87, page 55, line 11, leave out '(1)(d)' and insert '(1A)(c)'.

Amendment No. 39, in clause 88, page 55, line 13, leave out '(1)(e)' and insert '(1A)(d)'.

Amendment No. 40, in clause 88, page 55, line 22, leave out '(1)(e)' and insert '(1A)(d)'.

Amendment No. 41, in clause 89, page 55, line 25, leave out '(f)' and insert '(b)'.

Amendment No. 42, in clause 89, page 55, line 32, leave out '(f)' and insert '(b)'.

Amendment No. 43, in clause 90, page 55, line 34, leave out '(1)(g)' and insert '(1A)(e)'.

Amendment No. 44, in clause 90, page 56, line 21, leave out '(1)(g)' and insert '(1A)(e)'.

Amendment No. 45, in clause 90, page 56, line 23, leave out '(1)(g)' and insert '(1A)(e)'.

Amendment No. 46, in clause 91, page 56, line 25, leave out '(1)(h)' and insert '(1A)(f)'.

Government amendment No. 135.

Amendment No. 47, in clause 91, page 56, line 43, leave out '(1)(h)' and insert '(1A)(f)'.

Amendment No. 48, in clause 92, page 57, line 3, leave out from 'under' to 'and' in line 4 and insert

'paragraph (b) of section 85(1) or any of paragraphs (b) to (f) of section 85 (1A),'.

Amendment No. 49, in clause 91, page 57, line 25, leave out from 'under' to 'and' in line 26 and insert

'paragraph (b) of section 85(1) or any of paragraphs (b) to (f) of section 85 (1A),'.

Amendment No. 50, in clause 96, page 58, line 30, leave out '(f)' and insert '(b)'.

Government amendments Nos. 96 and 138.