Criminal Procedure Act 2010

33.

Amendment of Criminal Justice (Evidence) Act 1924.

33.— The Criminal Justice (Evidence) Act 1924 is amended—

( a) in section (1)( f)—

(i) in subparagraph (ii)—

(I) by the substitution of “questions of any witness” for “questions for the witnesses for the prosecution”, and

(II) by the substitution of “person in respect of whom the offence was alleged to have been committed” for “prosecutor”,

and

(ii) by the insertion of the following subparagraph after subparagraph (iii):

“(iii a) the person has personally or by the person’s advocate asked questions of any witness for the purpose of making, or the conduct of the defence is such as to involve, imputations on the character of a person in respect of whom the offence was alleged to have been committed and who is deceased or is so incapacitated as to be unable to give evidence; or”,

and

( b) by the insertion of the following section after section 1:

“Evidence of character.

1A.— Where a person charged with an offence intends to adduce evidence, personally or by the person’s advocate, of a witness, including the person, that would involve imputations on the character of a prosecution witness or a person in respect of whom the offence is alleged to have been committed and who is either deceased or so incapacitated as to be unable to give evidence, or evidence of the good character of the person—

( a) the person may do so only if he or she—

(i) has given, either personally or by his or her advocate, at least 7 days’ notice to the prosecution of that intention, or

(ii) has applied to the court, citing the reasons why it is not possible to give the notice, and been granted leave to do so,

and

( b) notwithstanding section 1( f), the person may be called as a witness and be asked, and the prosecution may ask any other witness, questions that—

(i) would show that the person has been convicted of any offence other than the one wherewith he or she is then charged, or is of bad character, or

(ii) would show that the person in respect of whom the offence was alleged to have been committed is of good character.”.