Lords Amendment — Criminal Justice Bill — Evidence of bad character — 19 Nov 2003 at 18:12

114Before Clause 90, Insert the following new Clause- "Evidence of bad character

(1) The Police and Criminal Evidence Act 1984 (c. 60) ("the 1984 Act") is amended as follows.
(2) After section 82 of the 1984 Act (Part VIII-interpretation) insert-
"PART VIII A
EVIDENCE OF BAD CHARACTER
82A Bad character

References in this Part to evidence of a person's bad character are references to evidence which shows that-

(a) he has committed an offence, or

(b) he has behaved, or is disposed to behave, in a way that, in the opinion of the court, would be viewed with disapproval by a reasonable person. 82B Requirement of leave

(1) In criminal proceedings, evidence of a person's bad character is admissible only with leave of the court, unless the evidence-

(a) has to do with the alleged facts of the offence with which the defendant is charged, or

(b) is evidence of misconduct in connection with the investigation or prosecution of that offence. (2) This section does not apply in relation to an item of evidence if-

(a) all parties to the proceedings agree to the evidence being admissible, or

(b) in the case of evidence of the defendant's bad character, the evidence is adduced by the defendant himself or is given in answer to a question asked by him in cross-examination and intended to elicit it. 82C Non-defendant's bad character

In the case of evidence of the bad character of a person other than the defendant, the court is not to give leave under section 82B unless the evidence falls within section 82D or 82E. 82D Evidence with explanatory value

Evidence falls within this section if-

(a) without it, the court or jury would find it impossible or difficult properly to understand other evidence in the case, and

(b) its value for understanding the case as a whole is substantial. 82E Evidence going to a matter in issue

(1) Evidence falls within this section if it has substantial probative value in relation to a matter which-

(a) is a matter in issue in the proceedings, and

(b) is of substantial importance in the context of the case as a whole. (2) In assessing the probative value of evidence for the purposes of this section, the court must have regard to the following factors (and to any others it considers relevant)-

(a) the nature and number of the events, or other things, to which the evidence relates;

(b) when those events or things are alleged to have happened or existed;

(c) where-

(i) the evidence is evidence of a person's misconduct, and

(ii) it is suggested that the evidence has probative value by reason of similarity between that misconduct and other alleged misconduct, the nature and extent of the similarities and the dissimilarities between each of the alleged instances of misconduct;

(d) where-

(i) the evidence is evidence of a person's misconduct,

(ii) it is suggested that that person is also responsible for the misconduct charged, and

(iii) the identity of the person responsible for the misconduct charged is disputed, the extent to which the evidence shows or tends to show that the same person was responsible each time.

(3) In subsection (2)(d) "misconduct charged" means the misconduct constituting the offence with which the defendant is charged.
82F Defendant's bad character

In the case of evidence of the defendant's bad character, the court is not to give leave under section 82B, unless the evidence falls within section 82G, 82H, 82I, 82J or 82K. 82G Evidence with explanatory value

(1) Evidence falls within this section if the following three conditions are met.
(2) The first condition is that, without the evidence, the court or jury would find it impossible or difficult properly to understand other evidence in the case.
(3) The second condition is that the value of the evidence for understanding the case as a whole is substantial.
(4) The third condition is that the court is satisfied-

(a) that, in all the circumstances of the case, the evidence carries no risk of prejudice to the defendant, or

(b) that the value of the evidence for understanding the case as a whole is such that, taking account of the risk of prejudice, the interests of justice nevertheless require the evidence to be admissible. 82H Evidence going to a matter in issue

(1) Evidence falls within this section if the following two conditions are met.
(2) The first condition is that the evidence has substantial probative value in relation to a matter which-

(a) is a matter in issue in the proceedings, and

(b) is of substantial importance in the context of the case as a whole. (3) The second condition is that the court is satisfied-

(a) that, in all the circumstances of the case, the evidence carries no risk of prejudice to the defendant, or

(b) that, taking account of the risk of prejudice, the interests of justice nevertheless require the evidence to be admissible in view of-

(i) how much probative value it has in relation to the matter in issue,

(ii) what other evidence has been, or can be, given on that matter, and

(iii) how important that matter is in the context of the case as a whole. (4) In determining whether the two conditions are met, the court must have regard to the factors listed in section 5(2) (and to any others it considers relevant).

(5) For the purposes of this section, whether the defendant has a propensity to be untruthful is not to be regarded as a matter in issue in the proceedings.
(6) Only prosecution evidence can fall within this section.
82I Evidence going to credibility
(1) This section applies only where-

(a) the defendant makes an attack on a person's character, and

(b) the effect of the attack is to suggest, or to support a suggestion, that the person has a propensity to be untruthful. (2) For the purposes of this section, a defendant makes an attack on a person's character where-

(a) he adduces evidence of the person's bad character, other than-

(i) evidence that has to do with the alleged facts of the offence with which the defendant is charged, or

(ii) evidence of misconduct in connection with the investigation or prosecution of that offence,

(b) he asks questions in cross-examination that are intended to elicit evidence of the kind referred to in paragraph (a), or

(c) evidence is given of an assertion made about the person by the defendant-

(i) on being questioned under caution, before charge, about the offence with which he is charged, or

(ii) on being charged with the offence or officially informed that he might be prosecuted for it, and the assertion is such that, if it were made in evidence, the evidence containing the assertion would be evidence of the kind referred to in paragraph (a).

(3) Evidence falls within this section if the following three conditions are met.
(4) The first condition is that the evidence has substantial probative value in showing that the defendant has a propensity to be untruthful.
(5) The second condition is that, without the evidence, the court or jury would get an inaccurate impression of the defendant's propensity to be untruthful in comparison with that of the other person.
(6) The third condition is that the court is satisfied-

(a) that, in all the circumstances of the case, the evidence carries no risk of prejudice to the defendant, or

(b) that, taking account of the risk of prejudice, the interests of justice nevertheless require the evidence to be admissible in view of-

(i) how much probative value it has in showing that the defendant has a propensity to be untruthful,

(ii) what other evidence has been, or can be, given on that matter, and

(iii) how important it is, in the context of the case as a whole, to prevent the impression mentioned in subsection (5). (7) In determining whether the three conditions are met the court must have regard to the following factors (and to any others it considers relevant)-

(a) the nature and number of the events, or other things, to which the defendant's attack relates and of those to which the evidence in question (the responding evidence) relates;

(b) when those events or things are alleged to have happened or existed;

(c) how important is the defendant's propensity to be untruthful, and that of the other person, in the context of the prosecution case and of the defence case;

(d) in a case where this section applies by virtue of subsection (2)(b), whether or not the evidence intended to be elicited is actually given;

(e) how inaccurate the impression mentioned in subsection (5) would be;

(f) where the responding evidence is of a spent conviction, the fact that the conviction is spent;

(g) any risk that admitting the responding evidence would be confusing or misleading, or would unduly prolong the proceedings. (8) Only prosecution evidence can fall within this section.

82J Evidence to correct false impression
(1) This section applies only where the defendant is responsible for the making of an express or implied assertion which is apt to give the court or jury a false or misleading impression about the defendant.
(2) Evidence falls within this section if the following two conditions are met.
(3) The first condition is that the evidence has substantial probative value in correcting the false or misleading impression.
(4) The second condition is that the court is satisfied-

(a) that, in all the circumstances of the case, the evidence carries no risk of prejudice to the defendant, or

(b) that, taking account of the risk of prejudice, the interests of justice nevertheless require the evidence to be admissible in view of-

(i) how much probative value it has in correcting the false or misleading impression,

(ii) what other evidence has been, or can be, given to correct that impression, and

(iii) how important it is, in the context of the case as a whole, for that impression to be corrected. (5) For the purposes of this section, a defendant is responsible for the making of an assertion if-

(a) the assertion is made by the defendant in the proceedings (whether or not in evidence given by him),

(b) the assertion was made by the defendant-

(i) on being questioned under caution, before charge, about the offence with which he is charged, or

(ii) on being charged with the offence or officially informed that he might be prosecuted for it, and evidence of the assertion is given in the proceedings,

(c) the assertion is made by a witness called by the defendant,

(d) the assertion is made by any witness in cross-examination in response to a question asked by the defendant and intended, in the opinion of the court, to elicit it, or

(e) the assertion was made by any person out of court, and the defendant adduces evidence of it in the proceedings. (6) Where it appears to the court that a defendant, by means of his conduct (other than the giving of evidence) in the proceedings, is seeking to give the court or jury an impression about himself that is false or misleading, the court may if it appears just to do so treat the defendant as being responsible for the making of an assertion which is apt to give that impression.

(7) In subsection (6) "conduct" includes appearance or dress.
(8) In determining whether the two conditions are met, the court must have regard to the following factors (and to any others it considers relevant)-

(a) the nature of the impression given by the assertion referred to in subsection (1), and how false or misleading that impression is;

(b) by whom and in what circumstances the assertion is or was made;

(c) the nature and number of the events, or other things, to which the evidence in question (the correcting evidence) relates;

(d) when those events or things are alleged to have happened or existed;

(e) where the correcting evidence is of a spent conviction, the fact that the conviction is spent;

(f) any risk that admitting the correcting evidence would be confusing or misleading, or would unduly prolong the proceedings. (9) Where in proceedings before a magistrates' court-

(a) the defendant is responsible for the making of an assertion which is apt to give the court a certain impression about the defendant,

(b) the prosecution allege that the impression is false or misleading, and

(c) in reliance on this section the prosecution propose to apply for leave under section 82B to adduce or elicit evidence to correct the impression, the court must first rule (without being given any details about the evidence) whether, however false or misleading the impression may be, it is unimportant in the context of the case as a whole for it to be corrected; and if the court makes a ruling to that effect, no evidence can fall within this section in relation to the assertion in question.

(10) Only prosecution evidence can fall within this section.
82K Evidence going to an issue between co-defendants
(1) Evidence falls within this section if it has substantial probative value in relation to a matter which-

(a) is a matter in issue between the defendant and a co-defendant, and

(b) is of substantial importance in the context of the case as a whole. (2) For the purposes of this section, evidence is not to be treated as having the probative value mentioned in subsection (1) by virtue of its relevance to the question whether the defendant has a propensity to be untruthful unless the nature or conduct of his defence is such as to undermine the co-defendant's defence.

(3) In assessing the probative value of evidence for the purposes of this section, the court must have regard to the factors listed in section 82B(2) (and to any others it considers relevant).
(4) Only evidence-

(a) which is to be (or has been) adduced by the co-defendant, or

(b) which a witness is to be invited to give (or has given) in cross-examination by the co-defendant, can fall within this section.

82L Trying more than one offence together
(1) In section 5 of the Indictments Act 1915 (c. 90) (orders for separate trial etc) insert after subsection (2)-
"(2A) Where-

(a) a person is charged with more than one offence in the same indictment,

(b) the prosecution propose to adduce evidence which is admissible in relation to one of the offences but which, in relation to another, is evidence of the person's bad character and is inadmissible, and

(c) the person applies before trial for an order that the offences mentioned in paragraph (b) above be tried separately, the court shall grant the application unless satisfied that trying the offences together would not prevent the defendant having a fair trial.

(2B) The reference in subsection (2A) above to evidence of the person's bad character shall be read in accordance with section 82A of the Police and Criminal Evidence Act 1984 (c. 60)."
(2) In subsection (3) of that section, after "before trial" insert "(in a case not falling within subsection (2A) above)".
(3) Where in proceedings before a magistrates' court-

(a) it is proposed that the defendant be tried for two or more offences together,

(b) the prosecution propose to adduce evidence which is admissible in relation to one of the offences but which, in relation to another, is evidence of the person's bad character and is inadmissible, and

(c) the defendant objects before trial to the offences mentioned in paragraph (b) being tried together, the court may order those offences to be tried together only if satisfied that doing so would not prevent the defendant having a fair trial.

82M Stopping the case where evidence contaminated
(1) If on a defendant's trial on indictment for an offence-

(a) evidence of his bad character has been admitted with leave under section 82B, and

(b) the court is satisfied at any time after the close of the case for the prosecution that-

(i) the evidence is contaminated, and

(ii) the contamination is such that, considering the importance of the evidence to the case against the defendant, his conviction of the offence would be unsafe, the court must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a retrial, discharge the jury.

(2) Where-

(a) a jury is directed under subsection (1) to acquit a defendant of an offence, and

(b) the circumstances are such that, apart from this subsection, the defendant could if acquitted of that offence be found guilty of another offence, the defendant may not be found guilty of that other offence if the court is satisfied as mentioned in subsection (1)(b) in respect of it.

(3) If-

(a) a jury is required to determine under section 4A(2) of the Criminal Procedure (Insanity) Act 1964 (c. 84) whether a person charged on an indictment with an offence did the act or made the omission charged,

(b) evidence of the person's bad character has been admitted with leave under section 82B, and

(c) the court is satisfied at any time after the close of the case for the prosecution that-

(i) the evidence is contaminated, and

(ii) the contamination is such that, considering the importance of the evidence to the case against the person, a finding that he did the act or made the omission would be unsafe, the court must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a rehearing, discharge the jury.

(4) This section does not prejudice any other power a court may have to direct a jury to acquit a person of an offence or to discharge a jury.
(5) For the purposes of this section, a person's evidence is contaminated where-

(a) as a result of an agreement or understanding between the person and one or more others, or

(b) as a result of the person being aware of anything alleged by one or more others who are, or could be, witnesses in the proceedings, the evidence is false or misleading in any respect, or is different from what it would otherwise have been.

82N Assumption of truth in assessment of probative value
(1) Subject to subsection (2), a reference in this Act to the probative value of evidence is a reference to its probative value on the assumption that it is true.
(2) In assessing the probative value of an item of evidence for any purpose of this Act, a court need not assume that the evidence is true if it appears, on the basis of any material before the court (including any evidence it decides to hear on the matter), that no court or jury could reasonably find it to be true.
82O Court's duty to give reasons for rulings
(1) Where the court makes a relevant ruling-
(a) it must state in open court (but in the absence of the jury, if there is one) its reasons for the ruling;
(b) if it is a magistrates' court, it must cause the ruling and the reasons for it to be entered in the register of the court's proceedings.
(2) In this section "relevant ruling" means-

(a) a ruling on whether an item of evidence is admissible only with leave under section 82B;

(b) a decision whether to give leave under that section;

(c) a ruling under section 82M. 82P Rules of court

(1) Rules of court may make such provision as appears to the appropriate authority to be necessary or expedient for the purposes of this Act; and the appropriate authority is the authority entitled to make the rules.
(2) The rules may require a party who-

(a) proposes to adduce evidence of a defendant's bad character that is admissible only with leave under section 82B, or

(b) proposes to cross-examine a witness with a view to eliciting such evidence, to serve on the defendant such notice, and such particulars of or relating to the evidence, as may be prescribed.

(3) The rules may provide that the court or the defendant may, in such circumstances as may be prescribed, dispense with a requirement imposed by virtue of subsection (2).
(4) If a party fails to comply with a requirement that has been imposed in relation to an item of evidence by virtue of subsection (2) (and not dispensed with by virtue of subsection (3)) the court may take the failure into account-

(a) in deciding whether to grant leave under section 82B; and

(b) where leave is given, in considering the exercise of its powers with respect to costs. (5) The rules may-

(a) limit the application of any provision of the rules to prescribed circumstances;

(b) subject any provision of the rules to prescribed exceptions; and

(c) make different provision for different cases or circumstances. (6) Nothing in this section prejudices the generality of any enactment conferring power to make rules of court; and no particular provision of this section prejudices any general provision of it.

(7) In this section-

"prescribed" means prescribed by rules of court;

"rules of court" means-

(a) Crown Court Rules;

(b) Criminal Appeal Rules; and

(c) rules under section 144 of the Magistrates' Courts Act 1980 (c. 43). 82Q Interpretation

(1) In this Chapter-

"bad character" is to be read in accordance with section 82A;

"criminal proceedings" means criminal proceedings in relation to which the strict rules of evidence apply;

"defendant" in relation to criminal proceedings, means a person charged with an offence in those proceedings; and "co-defendant", in relation to a defendant, means a person charged with an offence in the same proceedings;

"misconduct" means-

(a) the commission of an offence, or

(b) behaviour of a kind that, in the opinion of the court, might be viewed with disapproval by a reasonable person;

"prejudice", in relation to an item of evidence and a defendant, is to be read in accordance with subsection (2);

"probative value" is to be read in accordance with section 82N;

"prosecution evidence" means evidence which is to be (or has been) adduced by the prosecution, or which a witness is to be invited to give (or has given) in cross-examination by the prosecution. (2) For the purposes of this Act, evidence carries a risk of prejudice to a defendant where-

(a) there is a risk that the court or jury would attach undue weight to the evidence, or

(b) the nature of the matters with which the evidence deals is such as to give rise to a risk that the court or jury would find the defendant guilty without being satisfied that he was. (3) Where a defendant is charged with two or more offences in the same criminal proceedings, this Act has effect as if each offence were charged in separate proceedings; and references to the offence with which the defendant is charged are to be read accordingly.

82R Minor and consequential amendments
(1) In section 6 of the Criminal Procedure Act 1865 (c. 18) (witness's conviction for offence may be proved if not admitted)-

(a) for "A witness may be" substitute "If, upon a witness being lawfully";

(b) omit "and upon being so questioned, if". (2) In section 1(2) of the Criminal Evidence Act 1898 (c. 36) (restriction of privilege against self-incrimination where defendant gives evidence) at the beginning insert "Subject to section 6 of the Criminal Evidence Act 2001 (inadmissibility of evidence of defendant's bad character)".

(3) In section 16(2) of the Children and Young Persons Act 1963 (c. 37) (offences committed by person under 14 disregarded for purposes of evidence relating to previous convictions) for the words from "notwithstanding" to the end substitute "even though the Criminal Justice and Police Act 2001 (c. 16) would not prevent the question from being asked".
82S Repeals
(1) The common law rules governing the admissibility of evidence of bad character in criminal proceedings are abolished.
(2) The rules referred to in subsection (1) include any rule under which, as an exception to the inadmissibility of hearsay evidence, evidence of a person's reputation is admissible for the purpose of proving his character, but only so far as the rule relates to evidence of bad character.
(3) The following cease to have effect-

(a) section 1(3) of the Criminal Evidence Act 1898 (c. 36) (which makes provision as to the questions that a defendant may be asked about his bad character in cross-examination);

(b) section 27(3) of the Theft Act 1968 (c. 60) (admission of evidence of previous convictions for theft etc to prove that defendant knew goods to be stolen)."" The Commons disagree to this Amendment for the following Reason-

114A Because they would result in a less satisfactory scheme for dealing with evidence of bad character.

rose to move, as an amendment to the Motion that the House do not insist on its Amendment No. 114 to which the Commons have disagreed for their reason numbered 114A, leave out "not".

On Question, Whether the said amendment (No. 114B) shall be agreed to?

Their Lordships divided: Contents, 190; Not-Contents, 112.

Debate in Parliament | Historical Hansard | Source |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Content)Minority (Not-Content)Turnout
Con101 (+1 tell) 048.3%
Crossbench25 517.5%
Independent Labour1 0100.0%
Lab4 105 (+2 tell)59.7%
LDem54 (+1 tell) 085.9%
Other1 07.7%
UUP1 0100.0%
Total:187 11046.5%

All lords Eligible to Vote - sorted by party

Includes lords who were absent (or abstained) from this vote.

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The Archbishop of CanterburyBishopabsent
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The Earl of SelborneCon (front bench)aye
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Lord Aberdare Conabsent
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Lord Brittan of SpennithorneConabsent
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Lord Campbell of CroyConabsent
Lord Carr of HadleyConabsent
Lord Carrington Conabsent
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Lord Chilver Conabsent
Lord Clark of KempstonConabsent
Lord Cockfield Conabsent
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Lord Constantine of StanmoreConabsent
The Earl of CourtownConabsent
Baroness Cox Conabsent
The Earl of Crawford and BalcarresConabsent
Lord Cuckney Conabsent
Lord Dean of HarptreeConabsent
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Lord Denham Con (front bench)absent
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Lord Hanson Conabsent
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Lord Inglewood Conabsent
Baroness James of Holland ParkConabsent
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Lord Laing of DunphailConabsent
Lord Lane of HorsellConabsent
Lord Lang of MonktonCon (front bench)absent
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Lord Lucas Conabsent
Lord Luke Con (front bench)absent
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Lord Mackay of ClashfernConabsent
Lord MacLaurin of KnebworthConabsent
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Lord Moynihan Conabsent
Lord Murton of LindisfarneConabsent
Baroness Oppenheim-Barnes Conabsent
Lord Palumbo Conabsent
Lord Patten Conabsent
Lord Pearson of RannochConabsent
Baroness Platt of WrittleConabsent
Lord Plummer of St MaryleboneConabsent
Lord Prior Con (front bench)absent
Lord Pym Conabsent
Lord Quinton Conabsent
Lord Rawlinson of EwellConabsent
Lord Reay Conabsent
Lord Renfrew of KaimsthornConabsent
Lord Renton of Mount HarryConabsent
Lord Saatchi Conabsent
Lord Sainsbury of Preston CandoverConabsent
The Marquess of SalisburyConabsent
Lord Selkirk of DouglasConabsent
Lord Sheppard of DidgemereCon (front bench)absent
The Earl of ShrewsburyConabsent
Lord Soulsby of Swaffham PriorCon (front bench)absent
Lord St John of FawsleyConabsent
Lord Sterling of PlaistowConabsent
Lord Stevens of LudgateConabsent
Lord Stewartby Conabsent
Lord Strathclyde Con (front bench)absent
Lord Taylor of WarwickConabsent
Lord Tebbit Conabsent
Baroness Thatcher Conabsent
Lord Thomas of GwydirConabsent
Baroness Trumpington Conabsent
Lord Tugendhat Conabsent
Lord Vinson Con (front bench)absent
Lord Wakeham Conabsent
Lord Waldegrave of North HillConabsent
Lord Walker of WorcesterConabsent
Baroness Wilcox Con (front bench)absent
Lord Willoughby de Broke Conabsent
Lord Windlesham Conabsent
Lord Wolfson Conabsent
Lord Wolfson of SunningdaleConabsent
Lord Young of GraffhamCon (front bench)absent
Lord Ackner Crossbenchaye
Lord Ampthill Crossbenchaye
Viscount Bledisloe Crossbenchaye
Lord Bridges Crossbenchaye
Lord Chalfont Crossbench (front bench)aye
Viscount Colville of CulrossCrossbenchaye
Viscount Craigavon Crossbench (front bench)aye
Lord Craig of RadleyCrossbench (front bench)aye
Baroness Darcy de Knayth Crossbenchaye
Lord Donaldson of LymingtonCrossbenchaye
Lord Freyberg Crossbenchaye
Lord Greenway Crossbench (front bench)aye
Lord Hannay of ChiswickCrossbench (front bench)aye
Baroness Howe of IdlicoteCrossbenchaye
The Earl of ListowelCrossbenchaye
Lord Lloyd of BerwickCrossbench (front bench)aye
Lord Monson Crossbenchaye
Lord Neill of BladenCrossbench (front bench)aye
Baroness Prashar Crossbench (front bench)aye
Lord Rees-Mogg Crossbenchaye
Baroness Richardson of CalowCrossbenchaye
Lady Saltoun of AbernethyCrossbenchaye
The Earl of SandwichCrossbench (front bench)aye
Lord Thomas of SwynnertonCrossbenchaye
Lord Williamson of HortonCrossbench (front bench)aye
Lord Chorley Crossbenchno
Baroness Finlay of LlandaffCrossbench (front bench)no
Lord Marsh Crossbenchno
Baroness Masham of IltonCrossbenchno
Lord Weatherill Crossbench (front bench)no
Lord Adebowale Crossbenchabsent
Lord Allen of AbbeydaleCrossbenchabsent
Viscount Allenby of MegiddoCrossbenchabsent
Lord Alton of LiverpoolCrossbenchabsent
Lord Armstrong of IlminsterCrossbenchabsent
Earl Baldwin of BewdleyCrossbenchabsent
Lord Barber of TewkesburyCrossbenchabsent
Lord Best Crossbench (front bench)absent
Lord Bhatia Crossbenchabsent
Lord Bingham of CornhillCrossbenchabsent
Lord Birt Crossbenchabsent
Baroness Boothroyd Crossbenchabsent
Lord Boston of FavershamCrossbenchabsent
Lord Boyce Crossbenchabsent
Lord Brabazon of TaraCrossbench (front bench)absent
Lord Bramall Crossbenchabsent
Lord Bridge of HarwichCrossbenchabsent
Lord Briggs Crossbenchabsent
Lord Brightman Crossbench (front bench)absent
Viscount Brookeborough Crossbench (front bench)absent
Lord Browne-Wilkinson Crossbenchabsent
Lord Browne of MadingleyCrossbenchabsent
Lord Bullock Crossbenchabsent
Lord Burns Crossbench (front bench)absent
Lord Butler of BrockwellCrossbenchabsent
Lord Cameron of LochbroomCrossbenchabsent
Lord Carey of CliftonCrossbenchabsent
Lord Chan Crossbenchabsent
Lord Chapple Crossbenchabsent
Lord Chitnis Crossbenchabsent
The Marquess of CholmondeleyCrossbench (front bench)absent
Lord Clyde Crossbenchabsent
Lord Cobbold Crossbenchabsent
Lord Condon Crossbenchabsent
Lord Cooke of IslandreaghCrossbenchabsent
Lord Cooke of ThorndonCrossbenchabsent
Lord Croham Crossbenchabsent
Lord Cullen of WhitekirkCrossbenchabsent
Lord Currie of MaryleboneCrossbenchabsent
Baroness Dunn Crossbenchabsent
Lord Eames Crossbenchabsent
Lord Elis-Thomas Crossbench (front bench)absent
Lord Elystan-Morgan Crossbenchabsent
Baroness Emerton Crossbenchabsent
The Earl of ErrollCrossbenchabsent
Lord Fellowes Crossbench (front bench)absent
Lord Flowers Crossbenchabsent
Lord Foster of Thames BankCrossbenchabsent
Lord Gibson Crossbenchabsent
Lord Goff of ChieveleyCrossbenchabsent
Baroness Greenfield Crossbenchabsent
Baroness Greengross Crossbenchabsent
Lord Griffiths Crossbenchabsent
Lord Guthrie of CraigiebankCrossbenchabsent
Lord Habgood Crossbenchabsent
Lord Harris of High CrossCrossbenchabsent
Lord Hill-Norton Crossbenchabsent
Lord Hobhouse of WoodboroughCrossbenchabsent
Lord Hoffmann Crossbenchabsent
Baroness Howarth of BrecklandCrossbenchabsent
Lord Hunt of TanworthCrossbenchabsent
Lord Hussey of North BradleyCrossbenchabsent
Lord Hutton Crossbenchabsent
Lord Hylton Crossbenchabsent
Lord Imbert Crossbenchabsent
Lord Inge Crossbenchabsent
Lord Jauncey of TullichettleCrossbenchabsent
Lord Joffe Crossbenchabsent
Lord Kilclooney Crossbenchabsent
Lord Kilpatrick of KincraigCrossbenchabsent
Lord Kingsdown Crossbenchabsent
Lord Knights Crossbenchabsent
Lord Laird Crossbenchabsent
Lord Laming Crossbench (front bench)absent
Lord Lane Crossbenchabsent
Lord Levene of PortsokenCrossbenchabsent
Lord Lewis of NewnhamCrossbench (front bench)absent
Baroness Lloyd of HighburyCrossbenchabsent
Lord Luce Crossbench (front bench)absent
Lord Maginnis of DrumglassCrossbenchabsent
The Countess of MarCrossbenchabsent
Lord Marshall of KnightsbridgeCrossbenchabsent
Lord May of OxfordCrossbenchabsent
Lord McCluskey Crossbenchabsent
Baroness McFarlane of LlandaffCrossbenchabsent
Lord Millett Crossbenchabsent
Lord Molyneaux of KilleadCrossbenchabsent
Lord Moore of WolvercoteCrossbenchabsent
Lord Moran Crossbenchabsent
Lord Moser Crossbenchabsent
Lord Mustill Crossbenchabsent
Lord Nicholls of BirkenheadCrossbenchabsent
Lord Nickson Crossbenchabsent
Lord Nolan Crossbenchabsent
The Duke of NorfolkCrossbenchabsent
Lord Northbourne Crossbenchabsent
Baroness O'Neill of BengarveCrossbenchabsent
Lord Oliver of AylmertonCrossbenchabsent
Lord Ouseley Crossbenchabsent
Lord Owen Crossbenchabsent
Lord Oxburgh Crossbench (front bench)absent
Lord Palmer Crossbenchabsent
Lord Patel Crossbench (front bench)absent
Lord Powell of BayswaterCrossbenchabsent
Lord Quirk Crossbenchabsent
Lord Richardson Crossbenchabsent
Lord Richardson of DuntisbourneCrossbenchabsent
Lord Rix Crossbenchabsent
Lord Robertson of Port EllenCrossbench (front bench)absent
Lord Roll of IpsdenCrossbenchabsent
The Earl of RosslynCrossbenchabsent
Lord Saville of NewdigateCrossbenchabsent
Lord Scarman Crossbenchabsent
Lord Scott of FoscoteCrossbench (front bench)absent
Lord Simon of GlaisdaleCrossbenchabsent
Lord Skidelsky Crossbenchabsent
Viscount Slim Crossbench (front bench)absent
Lord Slynn of HadleyCrossbenchabsent
The Earl of SnowdonCrossbenchabsent
Lord St John of BletsoCrossbenchabsent
Baroness Stern Crossbench (front bench)absent
Lord Stevenson of CoddenhamCrossbenchabsent
Lord Steyn Crossbenchabsent
Lord Stokes Crossbenchabsent
Baroness Strange Crossbenchabsent
Lord Sutherland of HoundwoodCrossbenchabsent
Lord Tanlaw Crossbenchabsent
Lord Templeman Crossbenchabsent
Viscount Tenby Crossbenchabsent
Lord Tombs Crossbench (front bench)absent
Lord Trotman Crossbenchabsent
Lord Vincent of ColeshillCrossbenchabsent
Lord Walpole Crossbenchabsent
Lord Walton of DetchantCrossbenchabsent
Baroness Warnock Crossbench (front bench)absent
Viscount Waverley Crossbenchabsent
Lord Weidenfeld Crossbenchabsent
Lord Wilson of DintonCrossbenchabsent
Lord Wilson of TillyornCrossbenchabsent
Lord Woolf Crossbenchabsent
Lord Wright of RichmondCrossbenchabsent
Lord Beaumont of WhitleyGreenabsent
Lord Stoddart of SwindonIndependent Labouraye
Lord Hardie Judgeabsent
Lord Hope of CraigheadJudgeabsent
Lord Mackay of DrumadoonJudgeabsent
Lord Phillips of Worth MatraversJudgeabsent
Lord Rodger of EarlsferryJudgeabsent
Lord Walker of GestingthorpeJudgeabsent
Lord Gilbert Labaye
Baroness Kennedy of The ShawsLabaye
Baroness Mallalieu Lab (minister)aye
Lord Wedderburn of CharltonLabaye
Lord Acton Labno
Baroness Amos Lab (minister)no
Baroness Andrews Lab (minister)no
Lord Archer of SandwellLab (minister)no
Baroness Ashton of UphollandLab (minister)no
Lord Bach Lab (minister)no
Lord Bassam of BrightonLab (minister)no
Baroness Billingham Lab (minister)no
Baroness Blackstone Labno
Lord Borrie Labno
Lord Bragg Labno
Lord Brett Labno
Lord Brooke of AlverthorpeLabno
Lord Brookman Labno
Lord Brooks of TremorfaLabno
Lord Burlison Labno
Lord Campbell-Savours Labno
Lord Carter Labno
Viscount Chandos Labno
Lord Christopher Lab (minister)no
Lord Clarke of HampsteadLabno
Lord Clark of WindermereLabno
Baroness Cohen of PimlicoLabno
Lord Corbett of Castle ValeLabno
Baroness Crawley Lab (minister)no
Lord Davies of CoityLabno
Lord Davies of OldhamLab (minister)tellno
Lord Desai Lab (minister)no
Lord Dixon Labno
Lord Donoughue Labno
Lord Dormand of EasingtonLabno
Lord Dubs Lab (minister)no
Lord Elder Lab (minister)no
Lord Evans of ParksideLabno
Lord Evans of Temple GuitingLab (minister)no
Lord Falconer of ThorotonLab (minister)no
Baroness Falkender Labno
Baroness Farrington of RibbletonLab (minister)no
Lord Faulkner of WorcesterLabno
Baroness Gale Labno
Baroness Gibson of Market RasenLabno
Baroness Golding Labno
Lord Goldsmith Lab (minister)no
Lord Gordon of StrathblaneLabno
Baroness Goudie Lab (minister)no
Baroness Gould of PotternewtonLab (minister)no
Lord Graham of EdmontonLabno
Lord Grocott Lab (minister)tellno
Lord Harris of HaringeyLabno
Lord Harrison Lab (minister)no
Lord Haskel Lab (minister)no
Baroness Hayman Labno
Lord Hogg of CumbernauldLabno
Baroness Hollis of HeighamLab (minister)no
Baroness Howells of St DavidsLab (minister)no
Lord Howie of TroonLabno
Lord Hoyle Labno
Lord Hughes of WoodsideLabno
Lord Hunt of ChestertonLabno
Lord Hunt of Kings HeathLabno
Lord Irvine of LairgLabno
Lord Islwyn Labno
Lord Janner of BraunstoneLab (minister)no
Baroness Jay of PaddingtonLabno
Lord Jones Labno
Lord Judd Lab (minister)no
Lord King of West BromwichLab (minister)no
Lord Lea of CrondallLab (minister)no
Baroness Lockwood Labno
Lord Lofthouse of PontefractLabno
Lord Macdonald of TradestonLabno
Lord MacKenzie of CulkeinLabno
Lord Mackenzie of FramwellgateLabno
Baroness Massey of DarwenLab (minister)no
Lord McIntosh of HaringeyLab (minister)no
Baroness McIntosh of HudnallLabno
Lord Mitchell Lab (minister)no
Baroness Morgan of HuytonLabno
Lord Murray of Epping ForestLabno
Lord Pendry Labno
Baroness Pitkeathley Lab (minister)no
Lord Plant of HighfieldLabno
Lord Radice Lab (minister)no
Baroness Ramsay of CartvaleLabno
Lord Randall of St BudeauxLabno
Baroness Rendell of BaberghLab (minister)no
Lord Rooker Lab (minister)no
Lord Sainsbury of TurvilleLab (minister)no
Lord Sawyer Labno
Baroness Scotland of AsthalLab (minister)no
Viscount Simon Lab (minister)no
Baroness Smith of GilmorehillLabno
Lord Smith of LeighLabno
Lord Stone of BlackheathLabno
Lord Taylor of BlackburnLabno
Lord Temple-Morris Lab (minister)no
Baroness Thornton Labno
Lord Tomlinson Labno
Lord Turnberg Lab (minister)no
Baroness Turner of CamdenLabno
Lord Warner Lab (minister)no
Baroness Warwick of UndercliffeLab (minister)no
Baroness Whitaker Lab (minister)no
Lord Whitty Lab (minister)no
Baroness Wilkins Lab (minister)no
Lord Williams of ElvelLab (minister)no
Lord Woolmer of LeedsLab (minister)no
Lord Ahmed Lababsent
Lord Alli Lababsent
Lord Ashley of StokeLababsent
Lord Attenborough Lababsent
Lord Barnett Lab (minister)absent
Lord Berkeley Lababsent
Lord Bernstein of CraigweilLababsent
Baroness Blood Lababsent
Lord Brennan Lab (minister)absent
Lord Bruce of DoningtonLababsent
Lord Callaghan of CardiffLababsent
Lord Clinton-Davis Lab (minister)absent
Baroness David Lababsent
Baroness Dean of Thornton-le-FyldeLababsent
Lord Eatwell Lababsent
Lord Evans of WatfordLababsent
Lord Ewing of KirkfordLababsent
Lord Filkin Lab (minister)absent
Lord Fyfe of FairfieldLababsent
Lord Gallacher Lababsent
Lord Gavron Lababsent
Lord Glenamara Lababsent
Lord Grabiner Lababsent
Lord Grantchester Lababsent
Lord Greene of Harrow WealdLababsent
Lord Gregson Lababsent
Lord Hardy of WathLababsent
Lord Haskins Lababsent
Lord Hattersley Lababsent
Lord Healey Lababsent
Baroness Hilton of EggardonLababsent
Lord Hollick Lababsent
Baroness Jeger Lababsent
Lord Jenkins of PutneyLababsent
Lord Jordan Lababsent
Lord Kirkhill Lababsent
Lord Layard Lababsent
Lord Levy Lababsent
Lord Lipsey Lababsent
Lord Mason of BarnsleyLababsent
Lord McCarthy Lababsent
Lord Merlyn-Rees Lababsent
Lord Mishcon Lababsent
Lord Morgan Lab (minister)absent
Lord Morris of AberavonLababsent
Lord Morris of ManchesterLababsent
Baroness Nicol Lababsent
Lord Northfield Lababsent
Lord Orme Lababsent
Lord Parekh Lab (minister)absent
Lord Parry Lababsent
Lord Patel of BlackburnLababsent
Lord Paul Lab (minister)absent
Lord Peston Lab (minister)absent
Lord Ponsonby of ShulbredeLababsent
Lord Prys-Davies Lababsent
Lord Puttnam Lababsent
Lord Rea Lababsent
Lord Renwick of CliftonLababsent
Lord Richard Lababsent
Lord Rogers of RiversideLababsent
Lord Sewel Lababsent
Lord Sheldon Lababsent
Lord Sheppard of LiverpoolLababsent
Lord Simon of HighburyLababsent
Lord Simpson of DunkeldLababsent
Lord Stallard Lababsent
Lord Strabolgi Lababsent
Baroness Symons of Vernham DeanLab (minister)absent
Lord Thomas of MacclesfieldLababsent
Baroness Uddin Lababsent
Lord Varley Lababsent
Lord Watson of InvergowrieLababsent
Lord Whaddon Lababsent
Lord Winston Lab (minister)absent
Lord Addington LDemaye
Lord Alderdice LDem (front bench)aye
Lord Avebury LDemaye
Baroness Barker LDemaye
Lord Bradshaw LDemaye
Lord Carlile of BerriewLDemaye
Lord Clement-Jones LDemaye
Lord Dahrendorf LDemaye
Lord Dholakia LDem (front bench)tellaye
Viscount Falkland LDemaye
Lord Geraint LDemaye
Lord Goodhart LDem (front bench)aye
Lord Greaves LDem (front bench)aye
Baroness Hamwee LDemaye
Baroness Harris of RichmondLDem (front bench)aye
Lord Holme of CheltenhamLDemaye
Lord Hooson LDemaye
Lord Jacobs LDemaye
Lord Lester of Herne HillLDem (front bench)aye
Baroness Linklater of ButterstoneLDemaye
Lord Livsey of TalgarthLDemaye
Lord Mackie of BenshieLDemaye
Lord Maclennan of RogartLDem (front bench)aye
Baroness Maddock LDem (front bench)aye
The Earl of Mar and KellieLDem (front bench)aye
Lord McNally LDemaye
Lord Methuen LDem (front bench)aye
Baroness Michie of GallanachLDemaye
Baroness Miller of Chilthorne DomerLDemaye
Lord Newby LDem (front bench)aye
Baroness Northover LDem (front bench)aye
Lord Oakeshott of Seagrove BayLDem (front bench)aye
Lord Phillips of SudburyLDem (front bench)aye
Lord Razzall LDem (front bench)aye
Lord Redesdale LDemaye
Lord Rennard LDemaye
Lord Rodgers of Quarry BankLDemaye
Lord Roper LDem (front bench)aye
Earl Russell LDemaye
Lord Russell-Johnston LDemaye
Lord Sandberg LDem (front bench)aye
Baroness Scott of Needham MarketLDem (front bench)aye
Lord Sharman LDemaye
Baroness Sharp of GuildfordLDemaye
Lord Shutt of GreetlandLDem (front bench)aye
Lord Smith of CliftonLDemaye
Lord Steel of AikwoodLDemaye
Lord Taverne LDemaye
Lord Thomas of GresfordLDem (front bench)aye
Baroness Thomas of WalliswoodLDemaye
Lord Thomson of MonifiethLDemaye
Lord Tordoff LDemaye
Baroness Walmsley LDem (front bench)aye
Lord Watson of RichmondLDemaye
Baroness Williams of CrosbyLDem (front bench)aye
Lord Ashdown of Norton-sub-HamdonLDemabsent
Lord Ezra LDemabsent
Lord Fearn LDemabsent
Lord Hutchinson of LullingtonLDemabsent
Baroness Ludford LDemabsent
Baroness Nicholson of WinterbourneLDemabsent
Lord Tope LDemabsent
Lord Wallace of SaltaireLDem (front bench)absent
Lord Wigoder LDemabsent
Lord Archer of Weston-Super-MareNon-affiliatedabsent
Baroness Young of Old SconeNon-affiliatedabsent
Lord McAlpine of West GreenOtheraye
Lord Blease Otherabsent
Lord Dearing Otherabsent
Baroness Delacourt-Smith of AlterynOtherabsent
Lord Diamond Otherabsent
Baroness Fisher of RednalOtherabsent
Lord Fitt Otherabsent
Lord Forte Otherabsent
Lord Grenfell Other (front bench)absent
Lord King of WartnabyOtherabsent
Lord Macaulay of BragarOtherabsent
Baroness Pike Otherabsent
Lord Scanlon Otherabsent
Lord Rogan UUPaye

About the Project

The Public Whip is a not-for-profit, open source website created in 2003 by Francis Irving and Julian Todd and now run by Bairwell Ltd.

PublicWhip v2 codebase is currently under development - you can join the Slack group to find out more or email [email protected]

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