Article 79 Application to exclude evidence of a defendant’s bad character

(1)

An application under section 101(3) of the 2003 Act to exclude evidence of a defendant’s bad character in trial proceedings must be made in writing to the court administration officer and served on all other parties to the proceedings, unless a judge advocate gives leave for the application to be made orally.

(2)

If made in writing, the application—

(a)

must state whether a notice under rule 78 has been served on the applicant in relation to the evidence, and if so on what date; and

(b)

must be made and served not more than 14 days after that date (if any), unless paragraph (3) applies.

(3)

Where—

(a)

the court dispenses with the requirement to serve a notice under rule 78, or

(b)

such a notice is served but it is not reasonably practicable to make the application within 14 days of the service of the notice,

the application must be made as soon as is reasonably practicable.