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Explanatory Memorandum to Criminal Justice (Evidence) (Northern Ireland) Order 2004

Abolition of common law rules

9.Article 4abolishes the common law rules governing the admissibility of such evidence. This abolition does not extend to the rule that allows a person’s bad character to be proved by his reputation. This common law rule is preserved as a category of admissible hearsay in Article 22. However, the admissibility of a person’s bad character, where it was being proven by reputation, would fall to be determined under this Part of the Order. (Statutory repeals are dealt with in Schedule 2 of the Order).

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