Criminal Justice Act 2003, section 101

Defendant’s bad character

Part 11 Evidence

(1)In criminal proceedings evidence of the defendant’s bad character is admissible if, but only if—

(a)all parties to the proceedings agree to the evidence being admissible,

(b)the evidence is adduced by the defendant himself or is given in answer to a question asked by him in cross-examination and intended to elicit it,

(c)it is important explanatory evidence,

(d)it is relevant to an important matter in issue between the defendant and the prosecution,

(e)it has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant,

(f)it is evidence to correct a false impression given by the defendant, or

(g)the defendant has made an attack on another person’s character.

(2)Sections 102 to 106 contain provision supplementing subsection (1).

(3)The court must not admit evidence under subsection (1)(d) or (g) if, on an application by the defendant to exclude it, it appears to the court that the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.

(4)On an application to exclude evidence under subsection (3) the court must have regard, in particular, to the length of time between the matters to which that evidence relates and the matters which form the subject of the offence charged.

Definitions used in section 101 9

criminal proceedings

“criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;

Defined in s.112(1) · see it in the full Act
defendant

“defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings; and “co-defendant”, in relation to a defendant, means a person charged with an offence in the same proceedings;

Defined in s.112(1) · see it in the full Act
bad character

References in this Chapter to evidence of a person’s “bad character” are to evidence of, or of a disposition towards, misconduct on his part, other than evidence which—

(a)has to do with the alleged facts of the offence with which the defendant is charged, or

(b)is evidence of misconduct in connection with the investigation or prosecution of that offence.

Defined in s.98 · see it in the full Act

“bad character” is to be read in accordance with section 98;

Defined in s.112(1) · see it in the full Act
relevant

“probative value”, and “relevant” (in relation to an item of evidence), are to be read in accordance with section 109;

Defined in s.112(1) · see it in the full Act
important matter

“important matter” means a matter of substantial importance in the context of the case as a whole;

Defined in s.112(1) · see it in the full Act
probative value

“probative value”, and “relevant” (in relation to an item of evidence), are to be read in accordance with section 109;

Defined in s.112(1) · see it in the full Act
co-defendant

“defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings; and “co-defendant”, in relation to a defendant, means a person charged with an offence in the same proceedings;

Defined in s.112(1) · see it in the full Act
the court

(2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.

Defined in Sch.22 para.11(2) · see it in the full Act
offence

“offence” includes a service offence;

Defined in s.112(1) · see it in the full Act

Cases considering section 101 367

R v Alan Ranns

[2026] EWCA Crim 1233 · 17 September 2026Limits

Sets the gateways for admitting bad-character evidence; the appeal concerned the relevant-matter-in-issue and false-impression gateways. (see paras [24]-[25]) The court applied the propensity gateway and held that the earlier convictions were plainly wrongly admitted because their alleged similarities lacked meaningful probative value. (see paras [26]-[33], [52]-[61]) The court limited the false-impression gateway to evidence capable of correcting the particular impression conveyed; convictions for much earlier offending could not correct a claim about current sexual interest. (see paras [34], [49]-[52]) The court held that exclusion is mandatory where admission would have the required adverse effect on fairness. Old, dissimilar convictions with significant prejudicial potential had to be excluded. (see paras [25], [55]-[58]) The court treated the long interval between the earlier offending and the charged conduct as relevant to fairness, although it did not separately decide the provision. (see paras [25], [54]-[56])

R v Nana Oppong

[2026] EWCA Crim 1051 · 24 July 2026

The court applied section 101 by upholding admission of the earlier conviction under gateway (g), and was satisfied that gateways (d) and (f) also applied. One gateway was sufficient. (see paras [29]; [40]) The court applied section 101(3) by holding that the limited evidence and clear jury directions were sufficient to cure any unfair prejudice, so exclusion was not required. (see paras [29]; [40]-[43])

R v Ben Fitton

[2026] EWCA Crim 939 · 2 July 2026

The court treated controlling or coercive behaviour as an important matter in issue, so evidence capable of showing a propensity for that conduct was material to the count. Its relevance did not depend on proving every element. (see paras [24]–[25]) The court upheld admission of bad-character evidence after the defendant attacked the complainant’s character. The direction properly limited its use and explained that previous convictions did not alone justify an inference of lying or guilt. (see paras [17], [26]–[27])

347 more judgments, and what each says about section 101, are in the case-law panel in the full Act.

Explanatory note

365.At present evidence of a defendant’s bad character is generally inadmissible, subject to a number of restricted common law and statutory exceptions discussed in the 'Summary and Background' section (above). Sections 101 to 108 set out the circumstances in which such evidence is to be admissible in future. In summary, these provide an inclusionary approach to a defendant’s previous convictions and other misconduct or disposition, under which relevant evidence is admissible but can be excluded in certain circumstances if the court considers that the adverse affect that it would have on the fairness of the proceedings requires this. Section 101 sets out the gateways through which this evidence can be admitted, whilst Sections 102 to 106 provide additional definitional material. Section 107 provides an important safeguard where this sort of evidence has been influenced by other witnesses or evidence in the case and is consequently false or misleading. Section 108 deals with the admissibility of convictions for offences committed by a person under the age of fourteen in proceedings for offences committed by a person over the age of twenty-one.

366.Section 101(1) provides that evidence of a defendant’s bad character is admissible in the following circumstances:

  • all the parties agree to it being given;

  • the defendant introduces the evidence himself or it is given in response to a question put by the defendant (or his counsel) that is intended to elicit it;

  • it is important explanatory evidence;

  • it is relevant to an important issue between the defendant and prosecution;

  • it has substantial probative value in relation to an important issue between the defendant and a co-defendant;

  • it corrects a false impression given by the defendant about himself;

  • the defendant has attacked the character of another person.

367.This is subject to an application by the defendant to have the evidence excluded if admitting it would have such an adverse effect on the fairness of the trial that it ought to be excluded (Section 101(3)). The circumstances in which such an application can be made are where the evidence is relevant to an issue in the case between the defendant and prosecution or has become admissible because of the defendant’s attack on another person.

368.The test to be applied is designed to reflect the existing position under the common law, as section 78 of the Police and Criminal Evidence Act 1984 does, under which the judge assesses the probative value of the evidence to an issue in the case and the prejudicial effect of admitting it, and excludes the evidence where it would be unfair to admit it. The intention is for the courts to apply the fairness test set out here in the same way. In applying the test, the courts are directed specifically under section 101(4) to take account of the amount of time that has elapsed since the previous events and the current charge.

All the explanatory notes for the Act