Rule 21.3 Application to introduce evidence of a non-defendant’s bad characterI1

England and Wales

(1)

This rule applies where a party wants to introduce evidence of the bad character of a person other than the defendant.

(2)

That party must serve an application to do so on—

(a)

the court officer; and

(b)

each other party.

(3)

The applicant must serve the application—

(a)

as soon as reasonably practicable; and in any event

(b)

not more than 10 business days after the prosecutor discloses material on which the application is based (if the prosecutor is not the applicant).

(4)

A party who objects to the introduction of the evidence must—

(a)

serve notice on—

(i)

the court officer, and

(ii)

each other party

not more than 10 business days after service of the application; and

(b)

in the notice explain, as applicable—

(i)

which, if any, facts of the misconduct set out in the application that party disputes,

(ii)

what, if any, facts of the misconduct that party admits instead,

(iii)

why the evidence is not admissible, and

(iv)

any other objection to the application.

(5)

The court—

(a)

may determine an application—

(i)

at a hearing, in public or in private, or

(ii)

without a hearing;

(b)

must not determine the application unless each party other than the applicant—

(i)

is present, or

(ii)

has had at least 10 business days in which to serve a notice of objection;

(c)

may adjourn the application; and

(d)

may discharge or vary a determination where it can do so under—

(i)

section 8B of the Magistrates’ Courts Act 1980^f1 (ruling at pre-trial hearing in a magistrates’ court), or

(ii)

section 9 of the Criminal Justice Act 1987^f2, or section 31 or 40 of the Criminal Procedure and Investigations Act 1996^f3 (ruling at preparatory or other pre-trial hearing in the Crown Court).

[Note. See also rule 21.5 (reasons for decisions must be given in public).]

Annotations

Commencement

I1: Rule 21.3 in force at 6.10.2025, see Preamble

Footnotes

f1: 1980 c. 43; section 8B was inserted by section 45 of, and Schedule 3 to, the Courts Act 2003 (c. 39) and amended by paragraph 51 of Schedule 3, and Part 4 of Schedule 37, to the Criminal Justice Act 2003 (c. 44).
f2: 1987 c. 38; section 9 was amended by section 170 of, and Schedule 16 to, the Criminal Justice Act 1988 (c. 33), section 6 of the Criminal Justice Act 1993 (c. 36), sections 72, 74 and 80 of, and paragraph 3 of Schedule 3 and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25), sections 45 and 310 of, and paragraphs 18, 52 and 54 of Schedule 36 and Part 3 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), article 3 of, and paragraphs 21 and 23 of the Schedule to, S.I. 2004/2035, section 59 of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4) and Part 10 of Schedule 10 to the Protection of Freedoms Act 2012 (c. 9).
f3: 1996 c. 25; section 31 was amended by sections 310, 331 and 332 of, and paragraphs 20, 36, 65 and 67 of Schedule 36 and Schedule 37 to, the Criminal Justice Act 2003 (c. 44).