Bad Character Evidence and Non-Party Witnesses under the Criminal Justice Act 2003

Abstract

The current extent to which a non-party witness in criminal proceedings can be cross-examined about previous ‘bad character’ is both broad and uncertain in its limits. The Criminal Justice Act 2003 will replace the common law rules governing this area with a new statutory regime, contained in s. 100 of the Act. This provision may slightly limit the theoretical extent to which witnesses can be cross-examined about their past behaviour; however, its boundaries remain unclear and will need to be elucidated by judicial decision.