# The Crown Court (Amendment No. 3) Rules 2004, Schedule: SCHEDULE TO BE INSERTED IN THE CROWN COURT RULES 1982


“SCHEDULE 14
FORMS
FORM BC1
Application for leave to adduce non-defendant’s bad character
(Section 100 of the Criminal Justice Act 2003)
Details required
Notes
1. Details of applicant
Name:
Address:
Name of prosecuting agency (if relevant):
2. Case details
Case reference numbers:
Name of judge:
Date the trial or proceedings is due to start or started:
Name of defendant(s):
Charges:
Give brief details of those charges to which this application applies.
3. Details of this application
Please provide the following details
(a) the particulars of the bad character evidence including how it is to be introduced or elicited in the proceedings. This should also include the names of the relevant non-defendant and all other relevant witnesses; and
Section 100 of the 2003 Act.
(b) the grounds of admissibility under section 100 of the 2003 Act.
Please attach any relevant documentation.
4. Extension of time
Are you applying for an extension of time for service? (yes/no).
If so please provide details.
Signed:
Dated:
FORM BC2
Notice of intention to adduce bad character evidence
(Section 101 of the Criminal Justice Act 2003)
Details required
Notes
1. Details of party giving notice
Name:
Address:
Name of prosecuting agency (if relevant):
2. Case details
Case reference numbers:
Date the trial or proceedings is due to start or started:
Name of defendant(s):
Charges:
Give brief details of those charges to which this application applies.
3. Details of this Notice
To the named defendant:
You are hereby given notice that bad character evidence, particulars of which are detailed below, is to be adduced or elicited in these proceedings.
The particulars of that bad character evidence are as follows:
In this section state:
(a) a description of the bad character evidence and how it is to be adduced or elicited in the proceedings (including the names of any relevant witnesses); and
(b) the grounds for the admission of evidence of the defendant’s bad character under section 101 of the 2003 Act;
(c) why the admission of that evidence is in the interests of justice, where section 108 of the Act applies (evidence of conviction when under 14 used in proceedings for offence committed as an adult).
Please attach any relevant documentation.
4. Extension of time
Are you applying for an extension of time for service? (yes/no).
If yes, state your reasons.
Signed:
Dated:
FORM BC3
Application to exclude evidence of the defendant’s bad character
(Sections 101 and 108(2) of the Criminal Justice Act 2003)
Details required
Notes
1. Details of the defendant
Name:
Address:
Date of Birth:
If you are in custody, please give your Prison Index No. and address where detained:
2. Case details
Case reference numbers:
Name of judge:
Date the trial or proceedings is due to start or started:
Charges:
Date that you were served with the notice that bad character evidence is to be adduced in these proceedings:
3. Details of the application
Include the following information:
(a) why the admission of bad character evidence would have such an adverse effect on the fairness of the proceedings that the court should not admit it;
Note that an application to exclude this evidence under section 101(3) of the 2003 Act can only be made if you have been notified of a party’s intention to adduce this evidence under subsection 101(1)(d) (it is relevant to an important matter in issue between the defendant and the prosecution) or subsection 101(1)(g) (that the defendant has made an attack on another person’s character).
(b) details as to the length of time between the matters to which the bad character evidence relates and the matters which form the subject of the offence charged;
Section 101(4) of the 2003 Act.
(c) if you are applying for the exclusion of this evidence on grounds other than section 101(3) of the 2003 Act, please set out such objections.
4. Offences committed by the defendant when a child
If you are applying to exclude evidence of a previous conviction for an offence when under the age of 14, state
Section 108(2) of the 2003 Act.
(a) whether the offence for which you received a conviction when under the age of 14 was an offence triable only on indictment; and
(b) why it would not be in the interests of justice for that bad character evidence to be admitted.
5. Extension of time
Are you applying for an extension of time for service? (yes/no).
If so, state your reasons.
Signed:
Dated:
”.

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Source: https://www.legislation.gov.uk/uksi/2004/2991/schedule (the official version)
Page: https://openlegislation.uk/crown-court-amendment-no-3-rules-2004/schedule
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

