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123BBecause the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.
124Leave out Clause 99 The Commons disagree to this amendment but propose the following amendment to the words so restored to the Bill—


124A Page 64, line 40, leave out from "a" to end of line 41 and insert "reprehensible way" The Lords disagree to Commons Amendment No. 124A, and insist on their Amendment No. 124 to which the Commons have disagreed, for the following reason—


124BBecause the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.
125Leave out Clause 100 The Commons disagree to this amendment for the following reason—


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125ABecause they would result in a less satisfactory scheme for dealing with evidence of bad character. Clause 100, The Lords insist on their amendment to which the Commons have disagreed, for the following reason—


125BBecause the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.
126Leave out Clause 101 The Commons disagree to this amendment but propose the following amendment to the words so restored to the Bill—


126A Page 65, line 47, at end insert— "(2) In proceedings for an offence committed or alleged to have been committed by the defendant when aged 21 or over, evidence of his conviction for an offence when under the age of 14 is admissible only if the court is satisfied that the interests of justice so require.


    (3) Subsection (2) applies in addition to section 93."


    The Lords disagree to Commons Amendment No. 126A, and insist on their Amendment No. 126 to which the Commons have disagreed, for the following reason—


126BBecause the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.
127Leave out Clause 102 The Commons disagree to this amendment for the following reason—


127ABecause 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—


127BBecause the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.
128Leave out Clause 103 The Commons disagree to this amendment for the following reason—


128ABecause they would result in a less satisfactory scheme for dealing with evidence of bad character. Clause 103, The Lords insist on their amendment to which the Commons have disagreed, for the following reason—


128BBecause the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.
129Leave out Clause 104 The Commons disagree to this amendment but propose the following amendments to the words so restored to the Bill—


129A Page 66, line 28, leave out "require a defendant" and insert ", and, where the party in question is the prosecution, must, contain provision requiring a party"
129B Page 66, line 29, leave out "co-defendant's bad character under section 93(1)(f)" and insert "defendant's bad character"
129C Page 66, line 33, leave out "co-defendant" and insert "defendant"
129D Page 66, line 35, leave out "co-defendant" and insert "defendant"
129E Page 66, line 39, leave out "defendant" and insert "party" The Lords disagree to Commons Amendments Nos. 129A to 129E, and insist on their Amendment No. 129 to which the Commons have disagreed, for the following reason—


129FBecause the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.
130Leave out Clause 105

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The Commons disagree to this amendment but propose the following amendments to the words so restored to the Bill—


130A Page 67, line 26, leave out from "means" to end of line 29 and insert "the commission of an offence or other reprehensible behaviour"
130B Page 67, line 42, after "Chapter" insert "(except section 93(3)"
130CClause 105, page 67, line 45, at end insert—
"(a) under the rule in section 3 of the Criminal Procedure Act 1865 (c. 18) against a party impeaching the credit of his own witness by general evidence of bad character,"
130D Page 67, line 47, after "(c. 23)" insert "(restriction on evidence or questions about complainant's sexual history)" The Lords disagree to Commons Amendments Nos. 130A to 130D, and insist on their Amendment No. 130 to which the Commons have disagreed, for the following reason—


130EBecause the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.
131Leave out Clause 106 The Commons disagree to this amendment for the following reason—


131ABecause 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—


131BBecause the amendments proposed by the Lords provide a more satisfactory scheme for dealing with evidence of bad character.

COMMONS RESPONSE TO LORDS AMENDMENTS 114 TO 119 AND 121 TO 131

Clause 106, The Commons insist on their disagreement to Amendments Nos. 114 to 119 and 121 to 131 but propose the following amendments to the words so restored to the Bill—


131C 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"


131DPage 62, leave out lines 16 to 18
131E Page 62, line 26, leave out "(d),"
131F Page 63, line 19, at end insert:— "(1A) Where subsection (1)(a) applies, a defendant's propensity to commit offences of the kind with which he is charged may (without prejudice to any other way of doing so) be established by evidence that he has been convicted of—


(a) an offence of the same description as the one with which he is charged, or
(b) an offence of the same category as the one with which he is charged. (1B) Subsection (1A) does not apply in the case of a particular defendant if the court is satisfied, by reason of the length of time since the conviction or for any other reason, that it would be unjust for it to apply in his case.


    (1C) For the purposes of subsection (1A)—


(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 an order made by the Secretary of State. (1D) A category prescribed by an order under subsection (1C)(b) must consist of offences of the same type."

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131G Page 64, line 40, leave out from "a" to end of line 41 and insert "reprehensible way"
131H Page 65, line 47, at end insert:— "(2) In proceedings for an offence committed or alleged to have been committed by the defendant when aged 21 or over, evidence of his conviction for an offence when under the age of 14 is admissible only if the court is satisfied that the interests of justice so require.


    (3) Subsection (2) applies in addition to section 93."


131IPage 66, line 28, leave out "require a defendant" and insert ", and, where the party in question is the prosecution, must, contain provision requiring a party"
131JPage 66, line 29, leave out "co-defendant's bad character under section 93(1)(f)" and insert "defendant's bad character"
131KPage 66, line 33, leave out "co-defendant" and insert "defendant"
131LPage 66, line 35, leave out "co-defendant" and insert "defendant"
131M Page 66, line 39, leave out "defendant" and insert "party"
131NPage 67, line 26, leave out from "means" to end of line 29 and insert "the commission of an offence or other reprehensible behaviour"
131OPage 67, line 42, after "Chapter" insert "(except section 93(3))"
131PPage 67, line 45, at end insert—
"(a) under the rule in section 3 of the Criminal Procedure Act 1865 (c. 18) against a party impeaching the credit of his own witness by general evidence of bad character,"
131QPage 67, line 47, after "(c. 23)" insert "(restriction on evidence or questions about complainant's sexual history)" Clause 106, The Commons have made the following consequential Amendments to the Bill—


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