ABSTRACT
This chapter provides the various gateways for admitting the bad character evidence of the defendant in criminal proceedings. The statutory regime for the admissibility of evidence of bad character is laid down in s 100 of the Criminal Justice Act 2003 (CJA) for non-defendants and in s 101 for defendants. The notion of 'substantive probative value' relates to the enhanced quality that the evidence is required to possess. The common law rules and the principles laid down in the Criminal Evidence Act 1898 governing the admissibility of evidence of the bad character of the defendant have been repealed and replaced by the provisions enacted in s 101 as supplemented by other provisions. In a joint criminal trial a judge has no discretionary power at the request of one accused to exclude relevant evidence tending to support the defence of another.
