Criminal Justice Bill

Part of the debate – in the House of Lords at 1:15 pm on 18 September 2003.

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Photo of Baroness Scotland of Asthal Baroness Scotland of Asthal Minister of State, Home Office, Minister of State (Home Office) (Criminal Justice and Offender Management) 1:15, 18 September 2003

I shall come straight to the questions asked by the noble and learned Lord, Lord Ackner, in terms of understanding why we differentiate between the specific subsections outlined in Clause 93(3). Clause 93(1)(a) and (b) both concern instances where the defendant seeks to adduce evidence in pursuance of his or her own defence. We have taken it that it would be proper for that evidence to be so admitted.

Clause 93(1)(c) covers important explanatory evidence. As noble Lords will know only too well, the common law already recognises that evidence of bad character can be admitted outside the similar fact rule as background evidence. We touched on that in an earlier debate. It is quite difficult to describe this evidence as probative because, strictly speaking, it does not prove an issue relating to guilt but sets other evidence in context. Therefore, seeking to admit this evidence —