The Magistrates' Courts (Amendment) Rules 2004

Rule 72A

SCHEDULE FORMS

FORM

Application for leave to adduce non-defendant’s bad character

(Section 100 of the Criminal Justice Act 2003)

Details required	Notes
1.  Details of applicant
Name:
Address:
Name of prosecuting agency (if relevant):
2.  Case details
Case reference numbers:
Date the trial or proceedings is due to start or started:
Name of defendant(s):
Charges:	Give brief details of those charges to which this application applies.
3.  Details of this application
Please provide the following details
(a) the particulars of the bad character evidence including how it is to be adduced or elicited in the proceedings (including the name of the relevant non-defendant and all other relevant witnesses); and	Please attach any relevant documentation.
(b) the grounds for the admission of evidence of a non-defendant’s bad character under section 100 of the 2003 Act.
4.  Extension of time
Are you applying for an extension of time for service? (yes/no).
If so please provide details.
Signed:
Dated:

FORM

Notice of intention to adduce bad character evidence

(Section 102 of the Criminal Justice Act 2003)

Details required	Notes
1.  Details of party giving notice
Name:
Address:
Name of prosecuting agency (if relevant):
2.  Case details
Case reference numbers:
Date the trial or proceedings is due to start or started:
Name of defendant(s):
Charges:	Give brief details of those charges to which this application applies.
3.  Details of this Notice
To the named defendant;
You are hereby given notice that bad character evidence, particulars of which are detailed below, is to be adduced or elicited in these proceedings.
The particulars of that bad character evidence are as follows:	In this section include:
	(a) a description of the bad character evidence and how it is to be adduced or elicited in the proceedings (including the names of any relevant witnesses); and
	(b) the grounds for the admission of evidence of the defendant’s bad character under section 101 of the 2003 Act.
	Please attach any relevant documentation.
4.  Extension of time
Are you applying for an extension of time for service? (yes/no).
If yes, state your reasons.
Signed:
Dated:

FORM

Application to exclude evidence of the defendant’s bad character

(Sections 101 and 108(2) of the Criminal Justice Act 2003)

Details required	Notes
1.  Details of the defendant
Name:
Address:
Date of Birth:
If you are in custody, please give your Prison Index No. and address where detained:
2.  Case details
Case reference numbers:
Date the trial or proceedings is due to start or started:
Charges:
Date that you were served with the notice of the intention to adduce bad character evidence in these proceedings:
3.  Details of the application
This section must include the following information:
(a) why the admission of the bad character evidence would have such an adverse effect on the fairness of the proceedings that the court should not admit it.	Note that an application to exclude this evidence under section 101(3) of the 2003 Act can only be made if you have been notified of a party’s intention to adduce this evidence under subsection 101(1)(d) (it is relevant to an important matter in issue between the defendant and the prosecution) or subsection 101(1)(g) (that the defendant has made an attack on another person’s character).
(b) details as to the length of time between the matters to which the bad character evidence relates and the matters which form the subject of the offence charged.	Section 101(4) of the 2003 Act.
(c) if you are applying for the exclusion of this evidence on grounds other than section 101(3) of the 2003 Act, please set out such objections.
4.  Extension of time
Are you applying for an extension of time for service? (yes/no).
If so, state your reasons.
Signed:
Dated: