Commentary on Sections Part 11 - Evidence Chapter 1 : Evidence of Bad Character Section 111:  Rules of court
391.Section 111 makes provision for rules of court to be drawn up to require the prosecution and a co-defendant to give notice of their intention to adduce evidence of a defendant's bad character (or elicit such evidence from a witness). In relation to prosecution evidence, such rules must be made. Such rules may also include provision for the defendant to waive any notice requirement. (section 111(3)). The court is empowered to take a failure to give the required notice into account in considering the exercise of its powers in respect of costs (section 111 (4)).