Bad Character

Question 1

What are the 7 gateways to admissibility of bad character evidence?

Answer 1

Under s 101(1) of the Criminal Justice Act 2003:
(a) All parties to the proceedings agree to the evidence being admissible

(b) 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

(c) It is important explanatory evidence

(d) It is relevant to an important matter in issue between the defendant and the prosecution

(e) It has substantial probative value in relation to an important matter in issue between the defendant and a co-defendant

(f) It is evidence to correct a false impression given by the defendant

(g) The defendant has made an attack on another person’s character