Admissibility of non-defendant's bad character

Evidence of bad character is generally inadmissible against a person other than the accused in criminal proceedings.

However, the Criminal Justice Act 2003 (CJA 2003) permits such evidence in three situations. These are where the evidence:

1. •

   is important explanatory evidence

2. •

   has substantial probative value or

3. •

   all parties agree to the evidence being admitted

The statutory provisions govern the admissibility of evidence of bad character of all witnesses, irrespective of whether they are witnesses for the prosecution or the defence or whether they give evidence or not.

Section 6 of the Criminal Procedure Act 1865 (CPA 1865) allows for the cross-examination of a non-defendant in relation to their criminal history. Where the witness denies or refuses to answer any question in relation to a previous conviction, the questioning party may prove that the witness has a conviction, eg by providing a certificate of the conviction signed by a court officer.

Evidence of a non-defendant's 'bad character' must satisfy the definition of 'bad character' as set out in CJA 2003.