Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Admissibility definition

What does Admissibility mean? Admissibility describes, in practical terms, whether—and to what extent—a court will allow evidence about a fact in issue to be received by the tribunal of fact (jury, judge or magistrates). The judge acts as gatekeeper, deciding admissibility by reference to relevance, specific rules of evidence (for example on hearsay, opinion/expert evidence, bad character, privilege and public interest immunity), and discretionary powers to exclude material where its probative value is outweighed by unfair prejudice or where admission would compromise a fair trial. Across England & Wales and Northern Ireland, admissibility is shaped by common law and statute, including the Police and Criminal...

Defendant Bad Character Evidence in England and Wales: Definition, Gateways, Cross-Admissibility, Exclusion Applications and Procedure

Published by a LexisNexis Corporate Crime expert

Practice notes

What is Bad character?

The Criminal Justice Act 2003 (CJA 2003) regulates when a Defendant’s ‘bad character’ may be admitted. The initial step is to assess whether the material the prosecution seeks to use falls within the definition of ‘bad character’ in CJA 2003, s 98.

Section 98 adopts a notably wide definition: it covers ‘evidence of, or a Disposition towards, misconduct’ or other ‘reprehensible behaviour’, excluding evidence which:

concerns the alleged facts of the offence with which the defendant is charged, or
relates to misconduct connected to the investigation or prosecution of that offence

The distinction between bad character material and evidence bearing on the alleged facts of the charge can be subtle. A link may be shown by demonstrating a connection in time; a temporal nexus. Bad character therefore encompasses prior convictions and cautions. It has also been held to include misconduct for which the defendant has never been prosecuted, for example receiving a caution (see R v J), as well as misconduct for which the defendant has been acquitted...

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Web page updated on 28/05/2026

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