Search Legislation

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

Interpretation of Part II

Part III:  Hearsay Evidence

33.Article 17defines terms employed in this Part of the Order.

Paragraph (2) makes it clear that where the defendant is charged with 2 or more offences the provisions of this Part refer to each Part as separate proceedings.   This means that bad character evidence that is admissible in relation to one charge in the proceedings is not automatically admissible in relation to another charge in the same proceedings.

Paragraph (3) makes it clear that nothing in this Part affects the exclusion of evidence on certain other grounds.  These are:

  • The rule in section 3 of the Criminal Procedure Act 1865 against a party impeaching the credit of his own witness by general evidence of bad character;

  • Under Article 28 of the Criminal Evidence (Northern Ireland) Order 1999 which places restrictions on evidence or questions about the complainant’s sexual history; and

  • On grounds other than the fact that it is evidence of a person’s bad character.

Back to top


Print Options


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources