Bad Character Flashcards
References to evidence of a person’s “bad character” are to evidence of, or of a disposition towards, _______ on his part, other than evidence which has to do with the *** of the offence with which the defendant is charged
What is _______?
(s98 CJA 2003)
misconduct
Which section of which Act defines bad character?
s98 CJA 2003
References to evidence of a person’s “bad character” are to evidence of, or of a disposition towards, _______ on his part, other than evidence which has to do with the ** ** of the offence with which the defendant is charged
What is ****?
(s98 CJA 2003)
alleged facts
Which of the following is CORRECT?
[A] An accused is not allowed to adduce evidence of his good character to suggest the improbability of his guilt.
[B] Good character evidence can be used to support a defendant’s credibility in his story, but cannot be used as probative evidence as to the propensity (or likelihood) of him committing the offence.
[C] Good character evidence can be used as probative evidence as to the propensity (or likelihood) of him committing the offence but cannot be used to support the Defendant’s credibility.
[D] Good character evidence can both be used as probative evidence as to the propensity (or likelihood) of him committing the offence and can be used to support the Defendant’s credibility.
[E] Good character evidence is prima facie inadmissible, except in rebutting any bad character evidence adduced by the prosecution.
D
Which of the following is INCORRECT:
[A] A Vye direction should be case specific and modified to fit a variety of circumstances.
[B] A Vye direction can be used with regards to one defendant where there are multiple defendants, even if the effect may be prejudicial on the defendant who is not entitled.
[C] A full Vye direction is unavailable where a defendant has a criminal record, although a modified direction may be given
[D] A Vye direction will be particularly important in cases (such as historic sex cases) where character may form a central part of the defence.
(Dunn, p341-2)
[C]
In criminal proceedings evidence of the bad character of a person other than the defendant is admissible if and only if:
- It is important ________ evidence
OR - It has substantial probative value in relation to a matter in issue in the proceedings or the ——– of the case as a whole.
(CJA 2003 s100)
What is ______?
explanatory
In criminal proceedings evidence of the bad character of a person other than the defendant is admissible if and only if:
- It is important ________ evidence
OR - It has substantial probative value in relation to a matter in issue in the proceedings or the ——– of the case as a whole.
(CJA 2003 s100)
What is ——-?
context
Which is the “gateway” that allows bad character evidence to be adduced against a non defendant by agreement?
Section 100(1)(a) CJA 2003 Section 10(01)(b) CJA 2003 Section 100(1)(c) CJA 2003
Section 100(1)(c) CJA 2003
Which is the “gateway” that allows bad character evidence to be adduced against a non defendant as “important explanatory evidence?
Section 100(1)(a) CJA 2003 Section 100(1)(b) CJA 2003 Section 100(1)(c) CJA 2003
s100(1)(a) CJA 2003
Which is the “gateway” that allows bad character evidence to be adduced against a non defendant as it has “substantial probative value in relation to a matter which is a matter in issue in the proceedings, and is of substantial importance in the context of the case as a whole”?
s100(1)(b) CJA 2003
Bibek is charged with a s47 assault on Joe with a a pool cue. Bibek is relying on self defence. He says that Joe attacked him with a broken pint glass, hence why he hit him with the pool cue. Bibek wishes to adduce evidence that Joe has a conviction for s18 GBH, in which he ripped someone’s face open with a pint glass.
Which of the evidential gateways is Bibek most likely to use to adduce the evidence?
s100(1)(b) CJA 2003
Regarding a NON defendant’s bad character
(1) In criminal proceedings evidence of the bad character of a person other than the defendant is admissible if and only if—
(a) it is important _______ evidence,
(b) it has *** probative value in relation to a matter which—
(i) is a matter in issue in the proceedings, and
(i) is of *** importance in the context of the case as a whole,
or
(c) all parties to the proceedings agree to the evidence being admissible.
What is________?
explanatory
Regarding a NON defendant’s bad character
(1) In criminal proceedings evidence of the bad character of a person other than the defendant is admissible if and only if—
(a) it is important _______ evidence,
(b) it has *** probative value in relation to a matter which—
(i) is a matter in issue in the proceedings, and
(i) is of *** importance in the context of the case as a whole,
or
(c) all parties to the proceedings agree to the evidence being admissible.
What is ***?
substantial
Maureen has been convicted of GBH and is serving a prison sentence. She alleges that she was raped by a prison guard, Stephen whilst in prison.
Under which gateway (not including agreement) is Maureen’s bad character likely to be adduced in evidence at Stephen’s trial?
[F12.29]
s100(1)(a) CJA 2003
What is the correct test for whether non defendant’s bad character has probative value in the evidence under s100(1)(b)?
“Evidence of a non defendant’s bad character is admissible if it has ______ *** value in relation to a matter which is a —— – —– in the proceedings, and is of ______ importance in the context of the case as a whole.”
What is _____?
substantial
What is the correct test for whether non defendant’s bad character has probative value in the evidence under s100(1)(b)?
“Evidence of a non defendant’s bad character admissible if it has ______ *** value in relation to a matter which is a —— – —– in the proceedings, and is of ______ importance in the context of the case as a whole.”
What is ***?
probative