Part 106(3) provides that just prosecution evidence is admissible under section 101(1)(g).

Part 106(3) provides that just prosecution evidence is admissible under section 101(1)(g).

The simple denial regarding the prosecution situation will never be enough to trigger this gateway – see R v Fitzgerald 2017 EWCA Crim 556 of where it really is being recommended not simply that prosecution witnesses are lying but have conspired to pervert the program of justice by placing their minds together to concoct an allegation that is false R v Pedley 2014 EWCA Crim 848.

Unlike part 105, part 106 does not include a supply permitting a defendant to disassociate himself from an imputation. Prosecutors should consequently be aware whenever trying to depend on this gateway on such basis as things raised because of the defendant outside of the test not relied on in proof. See the responses in R v Nelson 2006 EWCA Crim 3412; “It will have been incorrect for the prosecution to seek to obtain such responses before a jury in order to provide a foundation for satisfying gateway (g) and getting the defendant’s previous convictions invest proof. More