Abolition of common law rules
Part 11 Evidence
(1)The common law rules governing the admissibility of evidence of bad character in criminal proceedings are abolished.
(2)Subsection (1) is subject to section 118(1) in so far as it preserves the rule under which in criminal proceedings a person’s reputation is admissible for the purposes of proving his 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“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 ActConfirms that the common-law rules governing admissibility of bad-character evidence in criminal proceedings were abolished, subject to the statutory framework (see paras [33]-[34]).
The court held that section 99 abolished the common-law rules concerning the admissibility of bad-character evidence. The issue had to be decided under the statutory code alone. (see paras [23]; [27])
Section 99 abolishes the common-law rules only where the evidence is bad-character evidence as defined by section 98. Evidence outside that definition remains governed by the common law. (see para [28])
What each judgment says about section 99 is in the case-law panel in the full Act.