“Important explanatory evidence”
Part 11 Evidence
For the purposes of section 101(1)(c) evidence is important explanatory evidence if—
(a)without it, the court or jury would find it impossible or difficult properly to understand other evidence in the case, and
(b)its value for understanding the case as a whole is substantial.
(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 ActThe court applies the two conditions for important explanatory evidence: genuine difficulty understanding other evidence and substantial value for understanding the case as a whole. The first condition was not met. (see paras [28]; [47]; [51]) The court treats the first condition as critical. Evidence is not important explanatory evidence where the jury can properly understand the charged allegations without it. (see paras [47]; [51])
The provision was applied with section 101(1)(c): evidence is important explanatory evidence where, without it, the jury would find it impossible or difficult to understand other evidence and its value for understanding the case as a whole is substantial. The MH Carbon material satisfied that standard. (see paras [84], [90]-[95])
The court applied the important-explanatory-evidence gateway to the evidence of the sexual messages, the 2004 report and the appellant’s reaction. Its substantial explanatory value made it necessary to a fair assessment of delayed disclosure. (see paras [31]-[32])
What each judgment says about section 102 is in the case-law panel in the full Act.
369.Section 102 defines what is meant by important explanatory evidence. The definition mirrors that used in the context of non-defendants (see “non-defendant's bad character”: section 100).