Bad Character Flashcards
What constitutes bad character evidence?
Misconduct or Reprehensible Conduct unrelated to offence
Misconduct: convictions, aquittals, cautions
Reprehensible: gang, child in care, misconduct at work, drugs and drink, racism and bullying
Bad character gateways
Agreement (P and D agree orally or writing)
Blurts it out (D raises it in evidence)
Context (important explanatory evidence without which it is impossible or difficult to understand other evidence)
Done it before (propensity to commit same description (same offence) or same category (theft or sexual offence only)
Eā did it (co-D wants to tell jury about Co-Ds previous convictions)
False Impression (correct false impression)
Gets at Witness (BCE showing dishonesty if accuses someone else or targets character)
Timelines for applications to admit BCE
Prosecution:
Mags: 20 business days after pleading NG
CC: 10 business days after pleading NG
Defendant against Co-D or witnesss
- 10 business days after P discloses material
Other side must reply within 10 business days
Contents of application to admit BCE
- Ground (A-G)
- BCE wish to rely on
- Content of argument
Contents of response to request to admit BCE
- Whether D disputes or admits the BCE
- Why inadmissible (gateway not met)
- Why unfair to admit (safeguards)
- Any other objections
Safeguards (court powers to exclude BCE even if gateway satisfied)
All BCE: s78 PACE (may if adverse effect on fairness of proceedings)
Done it before / Propensity:
- MUST exclude if would have adverse effect on fairness
- MAY exclude if unreasonable to admit due to length of time since conviction
- Otherwise weak case so should not be admitted (Hanson)
When will court permit D giving evidence via live link?
- Interests of justice; or
- D has mental disorder or social functioning
When will court permit D to have an intermediary?
D has serious comprehension / communication difficulties
When will court permit change of plea from NG to G
Leave of court (but just ask for indictment to be put to them again)
When will court permit change of plea from G to NG
Only permit if:
- P has no evidence for an element of offence; or
- D placed under undue pressure to plead G; or
- D was materially misled by legal team (sol will usually withdraw)
