3.7 Good character Flashcards
What are the three types of good character that a defendant may adduce?
- Good character or absolute good character
- Effective good character
- Positive good character
What is absolute good character?
D has no criminal convictions or other evidence of reprehensible behaviour.
What is effective good character?
D’s convictions are old, minor or irrelevant.
What is positive good character?
D adduces evidence to demonstrate virtuous conduct, eg, volunteering for charity.
What are the four ways in which the defendant can adduce evidence of good character?
- Cross examination of a police officer to confirm no previous convictions
- Formal admissions (s. 10 Criminal Justice Act 1967)
- Examination in chief of the defendant
- Calling a character witness
When does the defence counsel ordinarily raise with the judge whether and how she should give a good character direction to the jury?
At the end of evidence and before closing speeches.
When is it best to raise with the judge the possibility of a direction on effective good character?
Before the trial so that defence can decide whether to adduce evidence of previous convictions.
What is the leading case regarding good character?
R v Hunter [2015] EWCA Crim 631
Applying Aziz and Vye.
What is a Vye Direction?
R v Vye [1993] 1 W.L.R. 471
A Vye direction is a good character direction to the jury. It consists of two limbs:
1. Credibility of evidence;
2. Propensity to offend.
A partial Vye direction may be given where D has not testified or made pre-trial statements, so D’s credibility is not in issue.
R v Hunter [2015] EWCA Crim 631
- Trial judges have broad discretion in whether to give good character (“Vye”) directions unless D is of absolute good character.
- D is only entitled to a good character direction if D is of absolute good character.
- A partial Vye direction may be given where D has not testified or made pre-trial statements, so D’s credibility is not in issue.
In what circumstances is a credibility direction required to be given?
R v Hunter [2015] EWCA Crim 631
- Where D has given evidence, or
- Where D has made a pre-trial statement, or
- Where D has answered questions in police interview.
Who decides whether good character is relevant to the offence D is charged with?
R v Lloyd [2002] 2 Cr App R 355
The judge.
Who decides on the weight to be given to good character?
The jury.
In what circumstances is a propensity direction required to be given?
R v Hunter [2015] EWCA Crim 631
In all cases in which D is of absolute good character.
Can good or bad character by itself ever amount to a defence?
R v Hunter [2015] EWCA Crim 631
No.