Bad Character Flashcards
1
Q
What is s101(1)(d) CJA 2003
A
It is relevant to an important matter in issue between the defendant and the prosecution.
2
Q
Under S101(1)(d) ‘Important matter in issue between the D and P’ what is the main ground of this?
A
HISTORY OF CONVICTIONS demonstrate a PROPENSITY to commit Offences of the ‘KIND’ charged
3
Q
How should the D oppose an application to adduce Bad Character Evidence under S101(1)(d) CJA 2003?
A
R v Hanson
(1) History of Convictions DOES NOT demonstrate a PROPENSITY TO COMMIT Offences of KIND Charged
(2) (Regardless of if Propensity demonstrated), UNJUST to rely on CONVICTIONS & UNFAIR to admit them (S103(3) CJA 2003)
+
S78 PACE (discretionary unlike s103(3) mandatory)
