R v Lawson [2006] EWCA Crim 2572, (2007) 171 JP 43
Once gateway (e) in s 101 of the Criminal Justice Act 2003 (bad character of co-accused) is passed, there is no discretion for the judge to exclude bad character evidence.
However, an exercise of judgment is called for, because if objection is taken to the evidence being adduced, the judge must determine whether it has substantial probative value in relation to the important matter in issue which arises. That applies whether the bad character evidence is advanced as going to credibility or truthfulness, or to propensity to offend as charged.
Wherever co-accuseds propose to adduce bad character evidence under gateway (e), they should always alert counsel for the other defendants of their intention, so that the latter can take objection, if they properly can. Judges can rule, after proper argument on both sides, whether the evidence is admissible or not.
