*6-Character Evidence Flashcards
is defendant good character admissible
yes it is admissible under common law rules, subject to jury directions on credibility and propensity
is defendant bad character admissible
yes but restricted through cja 2003 s98 “reprehensible behaviour to do with facts”
and restricted through gateways in section 101
is witness good character admissible
inadmissible with very limited exceptions
is witness bad character admissible
restricted under section 100
must have high probative value
there is no discretion to exclude
what is included in defendant good character
absolute good character- no pre convictions
effective good character- no relevant pre conditions
what is propensity direction
likelihood to offend
what is the credibility direction
likelihood to offend
what is typical rule for witness good character
not usually allowed but sometimes is for fairness
rules for bad character are seen in CJA s98 when is it allowed
has to do with the facts of alleged offence
conduct is related to investigation of offence
what are the issues with bad character evidence
what is reprehensible ?
how does not committing before equal to a defence?
what is to do with facts ?
admissibility different for different offences
where are the 7 gateways to bad character evidence seen
in section 101 of criminal justice act
what are the 7 gateways for bad character
1a) agree to evidence being admissible
b) adduced by defendant when mentions in cross c)examination
d) explanatory evidence
e) important issue
f) important issue between d and co d
g) correct a false impression given by d
h) d has attacked anothers character
what is section 102
when bad character is explanatory evidence
when is it explanatory evidence
impossible to follow case without it
substantial value for understanding
when would there bad character be substantial for understanding
propensity/ truthfulness
credibility of account
show correct identification
show inappropriate sexual interest.
section 103 of cja relates to which relationship
matters in issue between d and prosecution
what situations does section 103 relate to
when someone has committed similar crimes before
related to propensity to commit same crime again or lie.
what past offences are typically allowed to be admitted
offences with same category under categories of offences order 2004
eg sexual offences or theft, robbery and burglary
when are prior offences not mentioned
when they are unjust to admit s103 3 cja
the case of Hanson states
that is important for jury to not believe prosecution due to propensity for example they have committed similar offences before
what are looked at when fairness is decided of admitting prior convictions to case
look at time since past offences
prosecution can’t bolster weak case on propensity alone
what is in gateway 103 1b
when character evidence used to show when someone has been deliberately untruthful before
what is gateway seen in section 104
bad character is able to be shown when d says they have been adduced by a co defendant
gateway in s101 f/ section 105 is
evidence to correct a false impression given by the defendant
What is the final gateway/section 106 cja
bad character evidence is allowed when defendant has made attack on other persons character replaces tit for tat rule
attacking someones character allows for what type of bad character evidence to be admitted
bad character evidence relating to credibility and propensity
what section is non defendants bad character allowed under
section 100 ss 2 of the CJA
what is under s100 ss 2 of CJA (admissibility of non defendant bad character)
a)explanatory
b)high probative value
c)agreement by parties
judges look on case by case basis
