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(a) in deciding whether to grant leave under section 82B; and

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(b) where leave is given, in considering the exercise of its powers with respect to costs. (5) The rules may—


(a) limit the application of any provision of the rules to prescribed circumstances;
(b) subject any provision of the rules to prescribed exceptions; and
(c) make different provision for different cases or circumstances. (6) Nothing in this section prejudices the generality of any enactment conferring power to make rules of court; and no particular provision of this section prejudices any general provision of it.


    (7) In this section—


    "prescribed" means prescribed by rules of court;


    "rules of court" means—


(a) Crown Court Rules;
(b) Criminal Appeal Rules; and
(c) rules under section 144 of the Magistrates' Courts Act 1980 (c. 43). 82Q Interpretation


    (1) In this Chapter—


    "bad character" is to be read in accordance with section 82A;


    "criminal proceedings" means criminal proceedings in relation to which the strict rules of evidence apply;


    "defendant" in relation to criminal proceedings, means a person charged with an offence in those proceedings; and "co-defendant", in relation to a defendant, means a person charged with an offence in the same proceedings;


    "misconduct" means—


(a) the commission of an offence, or
(b) behaviour of a kind that, in the opinion of the court, might be viewed with disapproval by a reasonable person; "prejudice", in relation to an item of evidence and a defendant, is to be read in accordance with subsection (2);


    "probative value" is to be read in accordance with section 82N;


    "prosecution evidence" means evidence which is to be (or has been) adduced by the prosecution, or which a witness is to be invited to give (or has given) in cross-examination by the prosecution.


    (2) For the purposes of this Act, evidence carries a risk of prejudice to a defendant where—


(a) there is a risk that the court or jury would attach undue weight to the evidence, or
(b) the nature of the matters with which the evidence deals is such as to give rise to a risk that the court or jury would find the defendant guilty without being satisfied that he was. (3) Where a defendant is charged with two or more offences in the same criminal proceedings, this Act has effect as if each offence were charged in separate proceedings; and references to the offence with which the defendant is charged are to be read accordingly.


    82R Minor and consequential amendments


    (1) In section 6 of the Criminal Procedure Act 1865 (c. 18) (witness's conviction for offence may be proved if not admitted)—


(a) for "A witness may be" substitute "If, upon a witness being lawfully";
(b) omit "and upon being so questioned, if". (2) In section 1(2) of the Criminal Evidence Act 1898 (c. 36) (restriction of privilege against self-incrimination where defendant gives evidence) at the beginning insert "Subject to section 6 of the Criminal Evidence Act 2001 (inadmissibility of evidence of defendant's bad character)".

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    (3) In section 16(2) of the Children and Young Persons Act 1963 (c. 37) (offences committed by person under 14 disregarded for purposes of evidence relating to previous convictions) for the words from "notwithstanding" to the end substitute "even though the Criminal Justice and Police Act 2001 (c. 16) would not prevent the question from being asked".


    82S Repeals


    (1) The common law rules governing the admissibility of evidence of bad character in criminal proceedings are abolished.


    (2) The rules referred to in subsection (1) include any rule under which, as an exception to the inadmissibility of hearsay evidence, evidence of a person's reputation is admissible for the purpose of proving his character, but only so far as the rule relates to evidence of bad character.


    (3) The following cease to have effect—


(a) section 1(3) of the Criminal Evidence Act 1898 (c. 36) (which makes provision as to the questions that a defendant may be asked about his bad character in cross-examination);
(b) section 27(3) of the Theft Act 1968 (c. 60) (admission of evidence of previous convictions for theft etc to prove that defendant knew goods to be stolen)."" The Commons disagree to this amendment for the following reason—


114ABecause they would result in a less satisfactory scheme for dealing with evidence of bad character. The Lords insist on their amendment to which the Commons have disagreed, for the following reason—


114BBecause the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.
115Leave out Clause 90 The Commons disagree to this amendment but propose the following amendment to the words so restored to the Bill—


115A Page 60, line 37, leave out from beginning to "evidence" in line 2 on page 61 and insert— "References in this Chapter to evidence of a person's "bad character" are to evidence of, or of a disposition towards, misconduct on his part, other than"


    The Lords disagree to Commons Amendment No. 115A, and insist on their Amendment No. 115 to which the Commons have disagreed, for the following reason—


115BClause 90, Because the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.
116Leave out Clause 91 The Commons disagree to this Amendment for the following Reason—


116ABecause they would result in a less satisfactory scheme for dealing with evidence of bad character. Clause 91, The Lords insist on their Amendment to which the Commons have disagreed, for the following Reason—


116BBecause the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.
117Leave out Clause 92 The Commons disagree to this amendment for the following Reason—


117ABecause they would result in a less satisfactory scheme for dealing with evidence of bad character. The Lords insist on their amendment to which the Commons have disagreed, for the following reason—


117BBecause the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.

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118Leave out Clause 93 The Commons disagree to this amendment for the following reason—


118ABecause they would result in a less satisfactory scheme for dealing with evidence of bad character. The Lords insist on their amendment to which the Commons have disagreed, for the following reason—


118BBecause the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.
119Leave out Clause 94 The Commons disagree to this amendment for the following reason—


119ABecause they would result in a less satisfactory scheme for dealing with evidence of bad character. The Lords insist on their amendment to which the Commons have disagreed, for the following reason—


119BBecause the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.
121Leave out Clause 96 The Commons disagree to this amendment for the following reason—


121ABecause they would result in a less satisfactory scheme for dealing with evidence of bad character. The Lords insist on their amendment to which the Commons have disagreed, for the following reason—


121BBecause the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.
122Leave out Clause 97 The Commons disagree to this amendment for the following reason—


122ABecause they would result in a less satisfactory scheme for dealing with evidence of bad character. Clause 97, The Lords insist on their amendment to which the Commons have disagreed, for the following reason—


122BClause 97, Because the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.
123Clause 98, Leave out Clause 98 The Commons disagree to this amendment for the following reason—


123ABecause they would result in a less satisfactory scheme for dealing with evidence of bad character. The Lords insist on their amendment to which the Commons have disagreed, for the following reason—


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