6. Bad Character Evidence

Question 1

What is bad character evidence?

Answer 1

Evidence of misconduct, or evidence of a disposition toward misconduct, not in relation to the facts of the offence currently at issue.

Question 2

When is a previous acquittal evidence of bad character?

Answer 2

If R overcomes the presumption D did not commit that offence, and argues R was actually guilty.

Question 3

What are the 7 CJA gateways?

Answer 3

Character Attacked by D
Agreement
False Impression by D Needs Correcting
Explanatory Evidence
Relevant to a Matter in Issue
Intentionally Raised by D
Probative Value between D and Co-D

Question 4

Can you use the same gateway to admit bad character evidence between charges in the same proceedings?

Answer 4

You have to argue the gateway afresh.

Question 5

Which gateways require the court’s permission?

Answer 5

All except where D raises the evidence himself

Question 6

What are the three grounds for admission of non-defendant bad character?

Answer 6

Explanatory Evidence
Probative Value
Agreement

Question 7

In which situation can no s.78 (fairness) argument be made to exclude bad character evidence?

Answer 7

Where the evidence is between Co-Ds

Question 8

Why might the court exclude evidence of D committing the same offence?

Answer 8

When it happened so long ago it would be unjust to admit

Question 9

What might the court do where bad character evidence admitted is contaminated?

Answer 9

Stop the case at half time (end of R’s case)

Question 10

What is evidence of a previous conviction/acquittal?

Answer 10

Certificate of conviction or acquittal from relevant court signed by proper officer

Question 11

Where D has a previous conviction for the same offence, what presumption arises, and what standard must be met to rebut this?

Answer 11

Presumption D has also committed the current offence. Rebuttable on the balance of probabilities.

Question 12

(Separate) Defendant Bad Character Evidence Deadlines for R, Co-D, and Response in Magistrates

Answer 12

R: 20 Business Days after Not Guilty Plea

Co-D: 10 Business Days after R Discloses Material on which Notice is Based

Response: 10 Business Days after Service of Notice

Question 13

Defendant Bad Character Evidence Deadlines for R, Co-D, and Response in Crown Court

Answer 13

R: 10 Business Days after Not Guilty Plea

Co-D: 10 Business Days after R Discloses Material on Which Notice is Based

Response: 10 Business Days after Service of Notice