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Criminal Justice Bill


Criminal Justice Bill
Part 9 — Retrial for serious offences

    53

 

 79    Interpretation of Part 9

     (1)    In this Part—

                      “the 1979 Act” means the Customs and Excise Management Act 1979

(c. 2),

                      “the 1984 Act” means the Police and Criminal Evidence Act 1984 (c. 60),

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                      “acquittal” and related expressions are to be read in accordance with

section 60(7),

                      “customs and excise officer” means an officer as defined by section 1(1) of

the 1979 Act, or a person to whom section 8(2) of that Act applies,

                      “new evidence” is to be read in accordance with section 63(2),

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                      “officer” means an officer of a police force or a customs and excise officer,

                      “police force” has the meaning given by section 3(3) of the Prosecution of

Offences Act 1985 (c. 23),

                      “prosecutor” means an individual or body charged with duties to conduct

criminal prosecutions,

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                      “qualifying offence” has the meaning given by section 60(8).

     (2)    Subject to rules of court made under section 53(1) of the Supreme Court Act

1981 (c. 54) (power by rules to distribute business of Court of Appeal between

its civil and criminal divisions)—

           (a)           the jurisdiction of the Court of Appeal under this Part is to be exercised

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by the criminal division of that court, and

           (b)           references in this Part to the Court of Appeal are to be construed as

references to that division.

     (3)           References in this Part to an officer of a specified rank or above are, in the case

of a customs and excise officer, references to an officer of such description as—

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           (a)           appears to the Commissioners of Customs and Excise to comprise

officers of equivalent rank or above, and

           (b)           is specified by the Commissioners for the purposes of the provision

concerned.

 80    Application of Part 9 to Northern Ireland

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     (1)    In its application to Northern Ireland this Part is to have effect subject to the

modifications in this section.

     (2)    In sections 60(1)(a) and (b), 61(2)(a), 64(3) and 69(2)(a) for “England and Wales”

substitute “Northern Ireland”.

     (3)    For section 60(2)(c) substitute—

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                  “(c)                    in respect of which, in proceedings where he has been found to

be unfit to be tried in accordance with Article 49 of the Mental

Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)), a

finding has been made that he did the act or made the omission

charged against him.”

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     (4)    In section 60(8) for “Part 1” substitute “Part 2”.

     (5)    In section 66(1) for “Criminal Appeal Act 1968 (c. 19)” substitute “Criminal

Appeal (Northern Ireland) Act 1980 (c. 47)”.

     (6)    In section 66(2)—

           (a)           for “33” substitute “31”, and

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Criminal Justice Bill
Part 9 — Retrial for serious offences

    54

 

           (b)           for “An” substitute “Subject to the provisions of this Part of this Act,

an”.

     (7)    In section 66(4)—

           (a)           for “34(2)” substitute “32(2)”, and

           (b)           for “33(1B)” substitute “31(1B)”.

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     (8)    In section 68(1) for “preferred” substitute “presented”.

     (9)    After section 68(6) insert—

           “(6A)              Article 29 of the Legal Aid, Advice and Assistance (Northern Ireland)

Order 1981 (S.I. 1981/228 (N.I. 8)) applies in the case of a person who is

to be tried in accordance with subsection (1) as if—

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                  (a)                 he had been committed for trial for the offence in question, and

                  (b)                 the reference in paragraph (2)(a) of that Article to a magistrates’

court included a reference to the Court of Appeal.”

     (10)   In section 76(1) for the words from the beginning to “does” substitute “Sections

30(4) and 36 of the Justice (Northern Ireland) Act 2002 (c. 26) do”.

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     (11)   Until the coming into force of section 36 of that Act of 2002 the reference to that

section in subsection (10) is to be read as a reference to Article 4(8) of the

Prosecution of Offences (Northern Ireland) Order 1972 (S.I. 1972/538 (N.I. 1)).

     (12)   In section 77(2) for “the Criminal Appeal Rules and the Crown Court Rules”

substitute “rules under section 55 of the Judicature (Northern Ireland) Act 1978

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(c. 23) and Crown Court Rules”.

     (13)   In section 79(1) for the definition of “police force” substitute—

                                  ““police force” means—

                        (a)                        the Police Service of Northern Ireland or the Police

Service of Northern Ireland Reserve,

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                        (b)                        the Ministry of Defence Police,

                        (c)                        any body of constables appointed under Article 19 of the

Airports (Northern Ireland) Order 1994 (S.I. 1994/426

(N.I. 1)), or

                        (d)                        any body of special constables appointed in Northern

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Ireland under section 79 of the Harbours, Docks and

Piers Clauses Act 1847 (c. 27) or section 57 of the Civil

Aviation Act 1982 (c. 16),”.

     (14)   Omit section 79(2).

 

 

Criminal Justice Bill
Part 10 — Evidence
Chapter 1 — Evidence of bad character

    55

 

Part 10

Evidence

Chapter 1

Evidence of bad character

Introductory

5

 81    “Bad character”

     (1)    For the purposes of this Chapter, evidence of a person’s bad character is

evidence which shows that he has committed an offence.

     (2)    But references in the Chapter to evidence of a person’s bad character do not

apply to evidence which—

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           (a)           has to do with the alleged facts of the offence with which the defendant

is charged, or

           (b)           is evidence of misconduct in connection with the investigation or

prosecution of that offence.

 82    Abolition of common law rules

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     (1)    The common law rules governing the admissibility of evidence of bad

character in criminal proceedings are abolished.

     (2)    Subsection (1) is subject to section 101(1) in so far as it preserves the rule under

which in criminal proceedings a person’s reputation is admissible for the

purposes of proving his bad character.

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Persons other than defendants

 83    Non-defendant’s bad character

     (1)    In criminal proceedings evidence of the bad character of a person other than

the defendant is admissible if and only if—

           (a)           it is important explanatory evidence,

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           (b)           it has substantial probative value in relation to a matter which—

                  (i)                 is a matter in issue in the proceedings, and

                  (ii)                is of substantial importance in the context of the case as a whole,

                         or

           (c)           all parties to the proceedings agree to the evidence being admissible.

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     (2)    For the purposes of subsection (1)(a) evidence is important explanatory

evidence if—

           (a)           without it, the court or jury would find it impossible or difficult

properly to understand other evidence in the case, and

           (b)           its value for understanding the case as a whole is substantial.

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     (3)    In assessing the probative value of evidence for the purposes of subsection

(1)(b) the court must have regard to the following factors (and to any others it

considers relevant)—

 

 

Criminal Justice Bill
Part 10 — Evidence
Chapter 1 — Evidence of bad character

    56

 

           (a)           the nature and number of the events, or other things, to which the

evidence relates;

           (b)           when those events or things are alleged to have happened or existed;

           (c)           where—

                  (i)                 the evidence is evidence of a person’s misconduct, and

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                  (ii)                it is suggested that the evidence has probative value by reason

of similarity between that misconduct and other alleged

misconduct,

                         the nature and extent of the similarities and the dissimilarities between

each of the alleged instances of misconduct;

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           (d)           where—

                  (i)                 the evidence is evidence of a person’s misconduct,

                  (ii)                it is suggested that that person is also responsible for the

misconduct charged, and

                  (iii)               the identity of the person responsible for the misconduct

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charged is disputed,

                         the extent to which the evidence shows or tends to show that the same

person was responsible each time.

     (4)    Except where subsection (1)(c) applies, evidence of the bad character of a

person other than the defendant must not be given without leave of the court.

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Defendants

 84    Defendant’s bad character

     (1)    In criminal proceedings evidence of the defendant’s bad character is

admissible if, but only if—

           (a)           all parties to the proceedings agree to the evidence being admissible,

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           (b)           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,

           (c)           it is important explanatory evidence,

           (d)           it is evidence of the defendant’s conviction for an offence of the same

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description, or of the same category, as the one with which he is

charged,

           (e)           it is relevant to an important matter in issue between the defendant and

the prosecution,

           (f)           it has substantial probative value in relation to an important matter in

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issue between the defendant and a co-defendant,

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

           (h)           the defendant has made an attack on another person’s character.

     (2)    Sections 85 to 90 contain provision supplementing subsection (1).

     (3)    The court must not admit evidence under subsection (1)(d), (e) or (h) if, on an

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application by the defendant to exclude it, it appears to the court that the

admission of the evidence would have such an adverse effect on the fairness of

the proceedings that the court ought not to admit it.

     (4)    On an application to exclude evidence under subsection (3) the court must

have regard, in particular, to the length of time between the matters to which

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Criminal Justice Bill
Part 10 — Evidence
Chapter 1 — Evidence of bad character

    57

 

that evidence relates and the matters which form the subject of the offence

charged.

 85    “Important explanatory evidence”

For the purposes of section 84(1)(c) evidence is important explanatory evidence

if—

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           (a)           without it, the court or jury would find it impossible or difficult

properly to understand other evidence in the case, and

           (b)           its value for understanding the case as a whole is substantial.

 86    Offences “of the same description” or “of the same category”

     (1)    For the purposes of section 84(1)(d)—

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           (a)           two offences are of the same description as each other if the statement

of the offence in a written charge or indictment would, in each case, be

in the same terms;

           (b)           two offences are of the same category as each other if they belong to the

same category of offences prescribed for the purposes of this section by

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an order made by the Secretary of State.

     (2)    A category prescribed by an order under this section must consist of offences

of the same type.

     (3)    Only prosecution evidence is admissible under section 84(1)(d).

 87    “Matter in issue between the defendant and the prosecution”

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     (1)    For the purposes of section 84(1)(e) the matters in issue between the defendant

and the prosecution include—

           (a)           the question whether the defendant has a propensity to commit

offences of the kind with which he is charged, except where his having

such a propensity makes it no more likely that he is guilty of the

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offence;

           (b)           the question whether the defendant has a propensity to be untruthful,

except where it is not suggested that the defendant’s case is untruthful

in any respect.

     (2)    Only prosecution evidence is admissible under section 84(1)(e).

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 88    “Matter in issue between the defendant and a co-defendant”

     (1)    Evidence which is relevant to the question whether the defendant has a

propensity to be untruthful is admissible on that basis under section 84(1)(f)

only if the nature or conduct of his defence is such as to undermine the co-

defendant’s defence.

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     (2)    Only evidence—

           (a)           which is to be (or has been) adduced by the co-defendant, or

           (b)           which a witness is to be invited to give (or has given) in cross-

examination by the co-defendant,

            is admissible under section 84(1)(f).

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