Misconduct That ‘Has to Do with the Alleged Facts of the Offence with Which the Defendant is Charged’ … More or Less

Abstract

Section 98(a) of the Criminal Justice Act 2003 exempts misconduct evidence that ‘has to do with the alleged facts of the offence with which the defendant is charged’ from the bad character rules that otherwise would govern its admissibility. The exception is far from precisely drafted and on a number of occasions the Court of Appeal has now had opportunity to consider the scope of application of this provision. This article critically analyses those decisions, and speculates on themes that in the future may play a role in the interpretation of s. 98(a).