ADMISSIBILITY UNDER S.114 AND S.116 CRIMINAL JUSTICE ACT 2003

[2009] EWCA Crim 20 [2009] EWCA Crim 20

Convictions for rape and indecent assault were quashed where the Crown’s reliance on hearsay evidence of bad character in the form of statements containing allegations of rape had circumvented the restrictions on hearsay evidence in the Criminal Justice Act 2003.

[2008] EWCA Crim 3065 [2008] EWCA Crim 3065

A judge had erred when, on an application to admit evidence under the Criminal Justice Act 2003 s.116(2)(b), he had focused exclusively on the issue of the interests of justice under s.114 and had failed to address s.116.