Commentary on Sections Part 11 - Evidence Chapter 1 : Evidence of Bad Character Sections 101 to 108: defendants
365.At present evidence of a defendant’s bad character is generally inadmissible, subject to a number of restricted common law and statutory exceptions discussed in the 'Summary and Background' section (above). Sections 101 to 108 set out the circumstances in which such evidence is to be admissible in future. In summary, these provide an inclusionary approach to a defendant’s previous convictions and other misconduct or disposition, under which relevant evidence is admissible but can be excluded in certain circumstances if the court considers that the adverse affect that it would have on the fairness of the proceedings requires this. Section 101 sets out the gateways through which this evidence can be admitted, whilst Sections 102 to 106 provide additional definitional material. Section 107 provides an important safeguard where this sort of evidence has been influenced by other witnesses or evidence in the case and is consequently false or misleading. Section 108 deals with the admissibility of convictions for offences committed by a person under the age of fourteen in proceedings for offences committed by a person over the age of twenty-one.