# Magistrates’ Courts Rules (Northern Ireland) 1984, Rule 149AR: [Procedure for the admission of evidence of bad character

Extent: N.I.

(1) A party who wants to adduce evidence of a non-defendant’s bad character or to cross examine a witness with a view to eliciting such evidence, under Article 5 of the 2004 Order, shall give notice in Form 88A.
(2) [ Subject to paragraph 2(A),] notice under paragraph (1) shall be served on the clerk of petty sessions and on every other party to the proceedings –
(a) within 14 days from the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996 (disclosure by the prosecutor); or
(b) as soon as is reasonably practicable, where the application concerns a non-defendant who is to be invited to give, or has given, evidence for a defendant.
[(2A In respect of a ... preliminary inquiry, notice under paragraph (1) shall be served on the clerk of petty sessions and on every other party to the proceedings not less than 14 days before the date fixed for the hearing.]
(3) [ Subject to paragraph (3A),] any party who wishes to oppose the application under paragraph (1) shall, within 14 days of the date on which the notice of the application was served on him, notify the clerk of petty sessions and every other party to the proceedings, in Form 88B, of his opposition.
[(3A In respect of a ... preliminary inquiry, any party who wishes to oppose the application under paragraph (1) shall, within 7 days of the date on which the notice of the application was served on him, notify the clerk of petty sessions and every other party to the proceedings, in Form 88B, of his opposition.]
(4) A prosecutor who wants to adduce evidence of a defendant’s bad character or to cross examine a witness with a view to eliciting such evidence, under Article 6 of the 2004 Order, shall give notice in Form 88C.
(5) [ Subject to paragraph (5A),] notice under paragraph (4) shall be served on the clerk of petty sessions and on every other party to the proceedings at the same time as the prosecutor complies or purports to comply with section 3 of the Criminal Procedure and Investigations Act 1996.
[(5A In respect of a ... preliminary inquiry, notice under paragraph (4) shall be served on the clerk of petty sessions and on every other party to the proceedings not less than 14 days before the date fixed for the hearing.]
(6) A co-defendant who wants to adduce evidence of a defendant’s bad character or to cross examine a witness with a view to eliciting such evidence, under Article 6 of the 2004 Order, shall give notice in Form 88C.
(7) [ Subject to paragraph (7A),] notice under paragraph (6) shall be served on the clerk of petty sessions and on every other party to the proceedings within 14 days from the date on which the prosecutor has complied or purported to comply with section 3 of the Criminal Procedure and Investigations Act 1996.
[(7A In respect of a ... preliminary inquiry, notice under paragraph (6) shall be served on the clerk of petty sessions and on every other party to the proceedings not less than 14 days before the date fixed for the hearing.]
(8) An application by a defendant to exclude bad character evidence shall be in Form 88D and shall be served on the clerk of petty sessions and on every other party to the proceedings within 7 days from the date on which the notice under paragraph (4) or paragraph (6) was served on him.
(9) A defendant who is entitled to have notice served on him under this Rule may waive his entitlement by so informing the court and the party who would have served the notice.
(10) The court may, if it considers that it is in the interests of justice to do so—
(a) allow a notice or application required under this Rule to be given in a different form, or orally; or
(b) abridge or extend the time for service of a notice or application required under this Rule, either before or after that period expires.

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Source: https://www.legislation.gov.uk/nisr/1984/225/rule/149AR (the official version)
Page: https://openlegislation.uk/magistrates-courts-rules-northern-ireland-1984/rule-149AR
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.