Article 3 The Crown Court Rules 1982

After rule 23D there is inserted—

“Procedure for the admission of evidence of bad character

23E.

(1)

A party who wants to introduce evidence of a non-defendant’s bad character or who wants to cross-examine a witness with a view to eliciting that evidence, under section 100 of the Criminal Justice Act 2003 (“the 2003 Act”), must apply in Form BC1 and the application must be received by the appropriate officer of the Crown Court and all other parties to the proceedings—

(a)

not more than 14 days after the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigation Act 1996^f1 (disclosure by the prosecutor); or

(b)

as soon as reasonably practicable, where the application concerns a non-defendant who is to be invited to give (or has given) evidence for a defendant.

(2)

A party who receives a copy of an application under paragraph (1) may oppose that application by giving notice in writing to the appropriate officer of the Crown Court and all other parties to the proceedings not more than 14 days after receiving that application.

(3)

A prosecutor who wants to introduce evidence of a defendant’s bad character or who wants to cross-examine a witness with a view to eliciting that evidence, under section 101 of the 2003 Act (defendant’s bad character), must give notice in Form BC2 to the appropriate officer of the Crown Court and all other parties to the proceedings not more than 14 days after—

(a)

the committal of the defendant; or

(b)

the consent to the preferment of a bill of indictment in relation to the case; or

(c)

the service of notice of transfer under section 4(1) of the Criminal Justice Act 1987^f2 (notices of transfer) or under section 53(1) of the Criminal Justice Act 1991^f3 (notices of transfer in certain cases involving children); or

(d)

where a person is sent for trial under section 51 of the Crime and Disorder Act 1998^f4 (sending cases to the Crown Court) the service of copies of the documents containing the evidence on which the charge or charges are based under paragraph 1 of Schedule 3 to that Act.

(4)

A co-defendant who wants to introduce evidence of a defendant’s bad character or who wants to cross-examine a witness with a view to eliciting that evidence under section 101 of the 2003 Act must give notice in Form BC2 to the appropriate officer of the Crown Court and all other parties to the proceedings not more than 14 days after the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996.

(5)

A defendant’s application to exclude bad character evidence must be in Form BC3 and received by the appropriate officer of the Crown Court and all other parties to the proceedings not more than 7 days after receiving a notice given under paragraph (3) or (4).

(6)

A defendant entitled to receive a notice under this rule may waive his entitlement by so informing the Crown Court and the party who would have given the notice.

(7)

The Crown Court may—

(a)

allow a notice or application required under this rule to be given in a different form, or orally; or

(b)

shorten a time-limit under this rule or extend it even after it has expired,

if it is in the interests of justice to do so.

(8)

Where this rule requires a notice or application to be given or sent it may, with the consent of the addressee, be sent by fax or other means of electronic communication.

(9)

References in this rule to a form is a reference to a form set out in Schedule 14 or a form to the like effect.”.