http://www.legislation.gov.uk/uksi/2025/909/part/21The Criminal Procedure Rules 2025enSENIOR COURTS OF ENGLAND AND WALESMAGISTRATES’ COURTS, ENGLAND AND WALESStatute Law Database2026-07-09Expert Participation2026-04-06 The Criminal Procedure Rules 2025:revoke the Criminal Procedure Rules 2020, S.I. 2020/759, with the amendments made to those Rules by S.I. 2021/40, 2021/849, 2022/45, 2022/815, 2023/44, 2023/786, 2024/62, 2024/842 and 2025/60;consolidate and replace the provision made by those rules; andinclude the further rule amendments listed beneath. PART 21EVIDENCE OF BAD CHARACTER
Contents of this Part
When this Part appliesrule 21.1
Content of application or noticerule 21.2
Application to introduce evidence of a non-defendant’s bad characterrule 21.3
Notice to introduce evidence of a defendant’s bad characterrule 21.4
Reasons for decisionsrule 21.5
Court’s power to vary requirements under this Partrule 21.6
When this Part applies21.1This Part applies in a magistrates’ court and in the Crown Court where a party wants to introduce evidence of bad character within the meaning of section 98 of the Criminal Justice Act 2003.[Note. Under section 98 of the Criminal Justice Act 2003, evidence of a person’s bad character means evidence of, or of a disposition towards, misconduct on that person’s part, other than evidence that—ahas to do with the alleged facts of the offence; orbis evidence of misconduct in connection with the investigation or prosecution.Under section 100(1) of the Criminal Justice Act 2003, evidence of a non-defendant’s bad character is admissible if—ait is important explanatory evidence;bit has substantial probative value in relation to a matter which—iis a matter in issue in the proceedings, andiiis of substantial importance in the context of the case as a whole; orcall parties to the proceedings agree to the evidence being admissible.The section explains requirements (a) and (b). Unless the parties agree to the evidence being admissible, it may not be introduced without the court’s permission.Under section 101(1) of the Criminal Justice Act 2003, evidence of a defendant’s bad character is admissible if—aall parties to the proceedings agree to the evidence being admissible;bthe evidence is introduced by the defendant, or is given in answer to a question asked by the defendant in cross-examination which was intended to elicit that evidence;cit is important explanatory evidence;dit is relevant to an important matter in issue between the defendant and the prosecution;eit has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant;fit is evidence to correct a false impression given by the defendant; orgthe defendant has made an attack on another person’s character.Sections 102 to 106 of the Act supplement those requirements. The court must not admit evidence under (d) or (g) if, on an application by the defendant, the court concludes that to do so would be unfair.]Content of application or notice21.21A party who wants to introduce evidence of bad character must—amake an application under rule 21.3, where it is evidence of a non-defendant’s bad character; orbgive notice under rule 21.4, where it is evidence of a defendant’s bad character.2An application or notice must—aset out the facts of the misconduct on which that party relies,bexplain how that party will prove those facts (whether by certificate of conviction, other official record, or other evidence), if another party disputes them, andcexplain why the evidence is admissible.[Note. The fact that a person was convicted of an offence may be proved under—asection 73 of the Police and Criminal Evidence Act 1984 (conviction in the United Kingdom); orbsection 7 of the Evidence Act 1851 (conviction outside the United Kingdom).See also sections 117 and 118 of the Criminal Justice Act 2003 (admissibility of evidence contained in business and other documents).Under section 10 of the Criminal Justice Act 1967, a party may admit a matter of fact.]Application to introduce evidence of a non-defendant’s bad character21.31This rule applies where a party wants to introduce evidence of the bad character of a person other than the defendant.2That party must serve an application to do so on—athe court officer; andbeach other party.3The applicant must serve the application—aas soon as reasonably practicable; and in any eventbnot more than 10 business days after the prosecutor discloses material on which the application is based (if the prosecutor is not the applicant).4A party who objects to the introduction of the evidence must—aserve notice on—ithe court officer, andiieach other partynot more than 10 business days after service of the application; andbin the notice explain, as applicable—iwhich, if any, facts of the misconduct set out in the application that party disputes,iiwhat, if any, facts of the misconduct that party admits instead,iiiwhy the evidence is not admissible, andivany other objection to the application.5The court—amay determine an application—iat a hearing, in public or in private, oriiwithout a hearing;bmust not determine the application unless each party other than the applicant—iis present, oriihas had at least 10 business days in which to serve a notice of objection;cmay adjourn the application; anddmay discharge or vary a determination where it can do so under—isection 8B of the Magistrates’ Courts Act 1980 (ruling at pre-trial hearing in a magistrates’ court), oriisection 9 of the Criminal Justice Act 1987, or section 31 or 40 of the Criminal Procedure and Investigations Act 1996 (ruling at preparatory or other pre-trial hearing in the Crown Court).[Note. See also rule 21.5 (reasons for decisions must be given in public).]Notice to introduce evidence of a defendant’s bad character21.41This rule applies where a party wants to introduce evidence of a defendant’s bad character.2A prosecutor or co-defendant who wants to introduce such evidence must serve notice on—athe court officer; andbeach other party.3A prosecutor must serve any such notice not more than—a20 business days after the defendant pleads not guilty, in a magistrates’ court; orb10 business days after the defendant pleads not guilty, in the Crown Court.4A co-defendant who wants to introduce such evidence must serve the notice—aas soon as reasonably practicable; and in any eventbnot more than 10 business days after the prosecutor discloses material on which the notice is based.5A party who objects to the introduction of the evidence identified by such a notice must—aapply to the court to determine the objection;bserve the application on—ithe court officer, andiieach other partynot more than 10 business days after service of the notice; andcin the application explain, as applicable—iwhich, if any, facts of the misconduct set out in the notice that party disputes,iiwhat, if any, facts of the misconduct that party admits instead,iiiwhy the evidence is not admissible,ivwhy it would be unfair to admit the evidence, andvany other objection to the notice.6The court—amay determine such an application—iat a hearing, in public or in private, oriiwithout a hearing;bmust not determine the application unless the party who served the notice—iis present, oriihas had a reasonable opportunity to respond;cmay adjourn the application; anddmay discharge or vary a determination where it can do so under—isection 8B of the Magistrates’ Courts Act 1980 (ruling at pre-trial hearing in a magistrates’ court), oriisection 9 of the Criminal Justice Act 1987, or section 31 or 40 of the Criminal Procedure and Investigations Act 1996 (ruling at preparatory or other pre-trial hearing in the Crown Court).7A party entitled to receive such a notice may waive that entitlement by so informing—athe party who would have served it; andbthe court.8A defendant who wants to introduce evidence of his or her own bad character must—agive notice, in writing or orally—ias soon as reasonably practicable, and in any eventiibefore the evidence is introduced, either by the defendant or in reply to a question asked by the defendant of another party’s witness in order to obtain that evidence; andbin the Crown Court, at the same time give notice (in writing, or orally) of any direction about the defendant’s character that the defendant wants the court to give the jury under rule 25.14 (Directions to the jury and taking the verdict).[Note. See also rule 21.5 (reasons for decisions must be given in public).If notice is not given as this rule requires, then under section 111(4) of the Criminal Justice Act 2003 the court may take the failure into account in exercising its powers to order costs.]Reasons for decisions21.5The court must announce at a hearing in public (but in the absence of the jury, if there is one) the reasons for a decision—ato admit evidence as evidence of bad character, or to refuse to do so; orbto direct an acquittal or a retrial under section 107 of the Criminal Justice Act 2003.[Note. See section 110 of the Criminal Justice Act 2003.]Court’s power to vary requirements under this Part21.61The court may—ashorten or extend (even after it has expired) a time limit under this Part;ballow an application or notice to be in a different form to one issued under the Practice Direction, or to be made or given orally; andcdispense with a requirement for notice to introduce evidence of a defendant’s bad character.2A party who wants an extension of time must—aapply when serving the application or notice for which it is needed; andbexplain the delay.2003 c. 44.1984 c. 60; section 73 was amended by section 90(1) of, and paragraphs 125 and 128 of Schedule 13 to, the Access to Justice Act 1999 (c. 22) and paragraph 285 of Schedule 8 to, the Courts Act 2003 (c. 39).1851 c. 99.1967 c. 80.1980 c. 43; section 8B was inserted by section 45 of, and Schedule 3 to, the Courts Act 2003 (c. 39) and amended by paragraph 51 of Schedule 3, and Part 4 of Schedule 37, to the Criminal Justice Act 2003 (c. 44).1987 c. 38; section 9 was amended by section 170 of, and Schedule 16 to, the Criminal Justice Act 1988 (c. 33), section 6 of the Criminal Justice Act 1993 (c. 36), sections 72, 74 and 80 of, and paragraph 3 of Schedule 3 and Schedule 5 to, the Criminal Procedure and Investigations Act 1996 (c. 25), sections 45 and 310 of, and paragraphs 18, 52 and 54 of Schedule 36 and Part 3 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), article 3 of, and paragraphs 21 and 23 of the Schedule to, S.I. 2004/2035, section 59 of, and paragraph 1 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4) and Part 10 of Schedule 10 to the Protection of Freedoms Act 2012 (c. 9).1996 c. 25; section 31 was amended by sections 310, 331 and 332 of, and paragraphs 20, 36, 65 and 67 of Schedule 36 and Schedule 37 to, the Criminal Justice Act 2003 (c. 44).Rule 21.5 in force at 6.10.2025, see PreambleRule 21.4 in force at 6.10.2025, see PreambleRule 21.3 in force at 6.10.2025, see PreambleRule 21.1 in force at 6.10.2025, see PreambleRule 21.2 in force at 6.10.2025, see PreambleRule 21.6 in force at 6.10.2025, see Preamble