Criminal Justice Act 2003, section 110

Court’s duty to give reasons for rulings

Part 11 Evidence

(1)Where the court makes a relevant ruling—

(a)it must state in open court (but in the absence of the jury, if there is one) its reasons for the ruling;

(b)if it is a magistrates' court, it must cause the ruling and the reasons for it to be entered in the register of the court’s proceedings.

(2) In this section “relevant ruling” means—

(a)a ruling on whether an item of evidence is evidence of a person’s bad character;

(b)a ruling on whether an item of such evidence is admissible under section 100 or 101 (including a ruling on an application under section 101(3));

(c)a ruling under section 107.

Definitions used in section 110 2

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
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

Cases considering section 110 9

Renda, R v

[2005] EWCA Crim 2826 · 10 November 2005

The judge’s statement that the jury was entitled to know a witness’s character was an unduly sparse compliance with the statutory duty to give reasons. Since the admission ruling was correct, the defect did not affect the safety of the conviction (see para [60]).

R v Erik Muci

[2026] EWCA Crim 900 · 3 July 2026

The court held that the 2013 messages could have been adduced by the prosecution under section 110(1)(d) and were properly admitted against the appellant. Their admission did not demonstrate prejudice caused by the co-defendant’s late plea. (see para [73])

Thompson, R v

[2013] EWCA Crim 988 · 25 June 2013

The court referred to this provision when holding that a general assertion that the jury should receive the complete picture was not an adequate reason for admitting bad-character evidence. (see para [32])

What each judgment says about section 110 is in the case-law panel in the full Act.

Explanatory note

390.Section 110 requires a court to give reasons for its rulings under these provisions. These must be given in open court and, in the magistrates' courts, entered into the register of proceedings, ensuring that a record is kept. This applies to rulings on whether an item to evidence is evidence of bad character, rulings on questions of admissibility and exclusion and any decision to withdraw a case from the jury.

All the explanatory notes for the Act