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The Criminal Justice (Evidence) (Northern Ireland) Order 2004

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Interpretation of Part IIN.I.

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17.—(1) In this Part—

  • “bad character” is to be read in accordance with Article 3;

  • “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;

  • “Order Book” means the Order Book required to be kept under rule 19 of the Magistrates' Courts Rules (Northern Ireland) 1984 (SR 1984 No. 225);

  • “probative value”, and “relevant” (in relation to an item of evidence), are to be read in accordance with Article 14;

  • “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.

(2) Where a defendant is charged with two or more offences in the same criminal proceedings, this Part (except Article 6(3)) has effect as if each offence were charged in separate proceedings; and references to the offence with which the defendant is charged are to be read accordingly.

(3) Nothing in this Part affects the exclusion of evidence—

(a)under the rule in section 3 of the Criminal Procedure Act 1865 (c. 18) against a party impeaching the credit of his own witness by general evidence of bad character,

(b)under Article 28 of the Criminal Evidence (Northern Ireland) Order 1999 (NI 8) (restriction on evidence or questions about complainant's sexual history), or

(c)on grounds other than the fact that it is evidence of a person's bad character.

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