Section 104: "Matter in issue between the defendant and a co-defendant"

Criminal Justice Act 2003 · 2003 c. 44View on legislation.gov.uk

Part 11: Evidence — Chapter 1: Evidence of bad character

Evidence which is relevant to the question whether the defendant has a propensity to be untruthful is admissible on that basis under section 101(1)(e) only if the nature or conduct of his defence is such as to undermine the co-defendant's defence.

Only evidence—

which is to be (or has been) adduced by the co-defendant, or
which a witness is to be invited to give (or has given) in cross-examination by the co-defendant,

is admissible under section 101(1)(e).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.