Bad Character Application

Question 1

Bad Character Application - For adducing bad character

Answer 1

1. Is it evidence of, or a disposition towards misconduct, commission of offences, or other reprehensible behaviour outside the facts of the offence?

E.g.,
- previous convictions, cautions, acquittals, agreed facts that amount to reprehensible behaviour, witness evidence

2. How will the defence prove these facts? (certificate, official record, other evidence)
3. However, it is admissible because it falls under one of the 7 gateways (ABCDEFG)

• Continue the strength of the prosecution case –> bad character evidence should not be admitted to bolster an otherwise weak case

Question 2

Gateway s101(1)(d) - Hanson guidelines

Answer 2

Propensity to commit offences of the type charged: R v Hanson:

1. does the D’s history establish a propensity to commit offences of the kind charged (same description / same category)
2. does that propensity make it more likely that D committed the offence charged
3. where previous offences are of the same description/category as offence charged, would it be unjust to rely on them?

Question 3

Application against adducing bad character evidence

Answer 3

1. Which, if any, facts of the misconduct the party disputes
2. What facts the party admits instead
3. Why the evidence is not admissible
4. Why it would be unfair to admit the evidence

• if it falls under D or G - the court must NOT admit the evidence if D seeks to exclude it and it appears that the admission would have such an adverse effect on the fairness of proceedings the court ought not to admit it (mandatory safeguard, s101(3) CJA 2003)
• cannot use bad character evidence to bolster a weak case

5. Any other objection to the notice

Question 4

Powers to exclude bad character evidence

Answer 4

• s78 PACE - prosecution evidence only. Judge has discretion (gateway D and G)
• s101(3) - where admission of evidence would have an adverse effect on fairness of proceedings, court MUST NOT admit evidence under gateways (d) and (g)
• s103 - offences may be excluded by length of time since conviction or any other reason it would be unjust. Safeguard for s101(d)
• s107 - stopping the case where evidence is contaminated
• s110 - requires court to give reasons in open court on bad character rulings