98 “Bad character”¶

99 Abolition of common law rules¶

100 Non-defendant’s bad character¶

101 Defendant’s bad character¶

102 “Important explanatory evidence”¶

103 “Matter in issue between the defendant and the prosecution”¶

104 “Matter in issue between the defendant and a co-defendant”¶

105 “Evidence to correct a false impression”¶

106 “Attack on another person’s character”¶

107 Stopping the case where evidence contaminated¶

108 Offences committed by defendant when a child¶

109 Assumption of truth in assessment of relevance or probative value¶

110 Court’s duty to give reasons for rulings¶

111 Rules of court¶

112 Interpretation of Chapter 1¶

• “bad character” is to be read in accordance with section 98;
• “criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;
• “defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings; and “co-defendant”, in relation to a defendant, means a person charged with an offence in the same proceedings;
• “important matter” means a matter of substantial importance in the context of the case as a whole;
• “misconduct” means the commission of an offence or other reprehensible behaviour;
• “offence” includes a service offence;
• “probative value”, and “relevant” (in relation to an item of evidence), are to be read in accordance with section 109;
• “prosecution evidence” means evidence which is to be (or has been) adduced by the prosecution, or which a witness is to be invited to give (or has given) in cross-examination by the prosecution;
• “service offence” has the same meaning as in the Armed Forces Act 2006;
• “written charge” has the same meaning as in section 29 and also includes an information.

113 Armed forces¶

^I182114 Admissibility of hearsay evidence¶

^I183115 Statements and matters stated¶

^I184116 Cases where a witness is unavailable¶

^I185117 Business and other documents¶

^I186118 Preservation of certain common law categories of admissibility¶

^I187119 Inconsistent statements¶

^I188120 Other previous statements of witnesses¶

^I189121 Additional requirement for admissibility of multiple hearsay¶

^I190122 Documents produced as exhibits¶

^I191123 Capability to make statement¶

^I192124 Credibility¶

^I193125 Stopping the case where evidence is unconvincing¶

^I194126 Court’s general discretion to exclude evidence¶

^I195127 Expert evidence: preparatory work.¶

^I196128 Confessions¶

^I197129 Representations other than by a person¶

^I198130 Depositions¶

^I199131 Evidence at retrial¶

132 Rules of court¶

^I200133 Proof of statements in documents¶

^I201134 Interpretation of Chapter 2¶

• “copy”, in relation to a document, means anything on to which information recorded in the document has been copied, by whatever means and whether directly or indirectly;
• “criminal proceedings” means criminal proceedings in relation to which the strict rules of evidence apply;
• “defendant”, in relation to criminal proceedings, means a person charged with an offence in those proceedings;
• “document” means anything in which information of any description is recorded;
• “oral evidence” includes evidence which, by reason of any disability, disorder or other impairment, a person called as a witness gives in writing or by signs or by way of any device;
• “statutory provision” means any provision contained in, or in an instrument made under, this or any other Act, including any Act passed after this Act.

^I202135 Armed forces¶

^I203136 Repeals etc¶

^F506142 Purposes of sentencing¶

^F506142A Purposes etc. of sentencing: offenders under 18¶

^F506143 Determining the seriousness of an offence¶

^F506144 Reduction in sentences for guilty pleas¶

^F506145 Increase in sentences for racial or religious aggravation¶

^F506146 Increase in sentences for aggravation related to disability, sexual orientation or transgender identity ¶

^F506147 Meaning of “community sentence” etc.¶

^F506148 Restrictions on imposing community sentences¶

^F506149 Passing of community sentence on offender remanded in custody¶

^F506150 Community sentence not available where sentence fixed by law etc.¶

^F506150A Community order available only for offences punishable with imprisonment or for persistent offenders previously fined¶

^F506151 Community order or youth rehabilitation order for persistent offender previously fined¶

^F506152 General restrictions on imposing discretionary custodial sentences¶

^F506153 Length of discretionary custodial sentences: general provision¶

^F506154 General limit on magistrates' court’s power to impose imprisonment¶

155 Consecutive terms of imprisonment¶

^F822156 Pre-sentence reports and other requirements¶

^F822157 Additional requirements in case of mentally disordered offender¶

^F822158 Meaning of “pre-sentence report”¶

^F822159 Disclosure of pre-sentence reports¶

^F822160 Other reports of local probation boards , providers of probation services and members of youth offending teams¶

^F822161 Pre-sentence drug testing¶

^F822161A Court’s duty to order payment of surcharge¶

^F822161B Amount of surcharge¶

^F822162 Powers to order statement as to offender’s financial circumstances¶

^F822163 General power of Crown Court to fine offender convicted on indictment¶

^F822164 Fixing of fines¶

^F822165 Remission of fines¶

^F822166 Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders¶

167 The Sentencing Guidelines Council¶

168 Sentencing Guidelines Council: supplementary provisions¶

169 The Sentencing Advisory Panel¶

170 Guidelines relating to sentencing and allocation¶

171 Functions of Sentencing Advisory Panel in relation to guidelines¶

172 Duty of court to have regard to sentencing guidelines¶

173 Annual report by Council¶

^F816174 Duty to give reasons for and to explain effect of sentence¶

^I204175 Duty to publish information about sentencing¶

^F898176 Interpretation of Chapter 1¶

^F441181 Prison sentences of less than 12 months¶

^F441182 Licence conditions¶

^F441183 Intermittent custody¶

^F441184 Restrictions on power to make intermittent custody order¶

^F441185 Intermittent custody: licence conditions¶

^F441186 Further provisions relating to intermittent custody¶

^F441187 Revocation or amendment of order¶

^F441188 Transfer of custody plus orders and intermittent custody orders to Scotland or Northern Ireland¶

^F599189 Suspended sentences of imprisonment¶

^F599190 Imposition of requirements by suspended sentence order¶

^F599191 Power to provide for review of suspended sentence order¶

^F599192 Periodic reviews of suspended sentence order¶

^F599193 Breach, revocation or amendment of suspended sentence order, and effect of further conviction¶

^F599194 Transfer of suspended sentence orders to Scotland or Northern Ireland¶

^F599195 Interpretation of Chapter 3¶

^F599196 Meaning of “relevant order” etc ¶

^F599197 Meaning of “the responsible officer”¶

^F599198 Duties of responsible officer¶

^F599199 Unpaid work requirement¶

^F599200 Obligations of person subject to unpaid work requirement¶

^F599200A Rehabilitation activity requirement¶

^F599201 Activity requirement¶

^F599202 Programme requirement¶

^F599203 Prohibited activity requirement¶

^F599204 Curfew requirement¶

^F599205 Exclusion requirement¶

^F599206 Residence requirement¶

^F599206A Foreign travel prohibition requirement¶

^F599207 Mental health treatment requirement¶

^F599208 Mental health treatment at place other than that specified in order¶

^F599209 Drug rehabilitation requirement¶

^F599210 Drug rehabilitation requirement: provision for review by court¶

^F599211 Periodic review of drug rehabilitation requirement¶

^F599212 Alcohol treatment requirement¶

^F599212A Alcohol abstinence and monitoring requirement¶

^F599213 Supervision requirement¶

^F599214 Attendance centre requirement¶

^F599215 Electronic monitoring requirement¶

^F599215A Data from electronic monitoring: code of practice¶

^F599216 Local justice area to be specified in relevant order¶

^F599217 Requirement to avoid conflict with religious beliefs, etc¶

^F599218 Availability of arrangements in local area¶

^F599219 Provision of copies of relevant orders¶

^F599220 Duty of offender to keep in touch with responsible officer¶

^F599220A Duty to obtain permission before changing residence¶

^I1221 Provision of attendance centres¶

^F706222 Rules¶

^F706223 Power to amend limits¶

^F706224 Meaning of “specified offence” etc.¶

^F706224A Life sentence for second listed offence¶

^F706225 Life sentence ... for serious offences¶

^F706226 Detention for life ... for serious offences committed by those under 18¶

^F706226A Extended sentence for certain violent, sexual or terrorism offences: persons 18 or over¶

^F706226B Extended sentence for certain violent, sexual or terrorism offences: persons under 18¶

^F706227 Extended sentence for certain violent or sexual offences: persons 18 or over¶

^F706228 Extended sentence for certain violent or sexual offences: persons under 18¶

^F706229 The assessment of dangerousness¶

^I205230 Imprisonment or detention for public protection: release on licence¶

^F814231 Appeals where previous convictions set aside¶

^F814232 Certificates of convictions for purposes of sections 225 and 227¶

^F814232A Certificates of conviction¶

^F814233 Offences under service law¶

^F814234 Determination of day when offence committed¶

^F814235 Detention under sections 226, 226B and 228¶

^F814236 Conversion of sentences of detention into sentences of imprisonment¶

^I2237 Meaning of “fixed-term prisoner” etc¶

^C92237A Public protection decisions¶