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The Criminal Procedure Rules 2025

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Change 1

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As published

21.3 Application to introduce evidence of a non-defendant’s bad character

(1) This rule applies where a party wants to introduce evidence of the bad character of a person other than the defendant. (2) That party must serve an application to do so on— (a) the court officer; and (b) each other party. (3) The applicant must serve the application— (a) as soon as reasonably practicable; and in any event (b) not more than 10 business days after the prosecutor discloses material on which the application is based (if the prosecutor is not the applicant). (4) A party who objects to the introduction of the evidence must— (a) serve notice on— (i) the court officer, and (ii) each other party not more than 10 business days after service of the application; and (b) in the notice explain, as applicable— (i) which, if any, facts of the misconduct set out in the application that party disputes, (ii) what, if any, facts of the misconduct that party admits instead, (iii) why the evidence is not admissible, and (iv) any other objection to the application. (5) The court— (a) may determine an application— (i) at a hearing, in public or in private, or (ii) without a hearing; (b) must not determine the application unless each party other than the applicant— (i) is present, or (ii) has had at least 10 business days in which to serve a notice of objection; (c) may adjourn the application; and (d) may discharge or vary a determination where it can do so under— (i) section 8B of the Magistrates’ Courts Act 1980 (ruling at pre-trial hearing in a magistrates’ court), or (ii) section 9 of the Criminal Justice Act 1987, or section 31 or 40 of the Criminal Procedure and Investigations Act 1996 (ruling at preparatory or other pre-trial hearing in the Crown Court). [Note. See also rule 21.5 (reasons for decisions must be given in public).]

Your change, as a redline

21.3 Application to introduce evidence of a non-defendant’s bad character

(1) This rule applies where a party wants to introduce evidence of the bad character of a person other than the defendant. (2) That party must serve an application to do so on— (a) the court officer; and (b) each other party. (3) The applicant must serve the application— (a) as soon as reasonably practicable; and in any event (b) not more than 10 business days after the prosecutor discloses material on which the application is based (if the prosecutor is not the applicant). (4) A party who objects to the introduction of the evidence must— (a) serve notice on— (i) the court officer, and (ii) each other party not more than 10 business days after service of the application; and (b) in the notice explain, as applicable— (i) which, if any, facts of the misconduct set out in the application that party disputes, (ii) what, if any, facts of the misconduct that party admits instead, (iii) why the evidence is not admissible, and (iv) any other objection to the application. (5) The court— (a) may determine an application— (i) at a hearing, in public or in private, or (ii) without a hearing; (b) must not determine the application unless each party other than the applicant— (i) is present, or (ii) has had at least 10 business days in which to serve a notice of objection; (c) may adjourn the application; and (d) may discharge or vary a determination where it can do so under— (i) section 8B of the Magistrates’ Courts Act 1980 (ruling at pre-trial hearing in a magistrates’ court), or (ii) section 9 of the Criminal Justice Act 1987, or section 31 or 40 of the Criminal Procedure and Investigations Act 1996 (ruling at preparatory or other pre-trial hearing in the Crown Court). [Note. See also rule 21.5 (reasons for decisions must be given in public).]

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