Bad character evidence

Question 1

what are the seven grounds under which bad character evidence can be deduced

Answer 1

1. Agreement
2. D adduces
3. Context
4. Important matter between D and P
5. Important matter between D and co- D
6. Correcting a false impression
7. D attacks another persons character

Question 2

what defines ‘matter in issue’

Answer 2

1. propensity to commit offence of the kind with which D is charged
2. ‘show striking similarity’ between how D committed the past offence and how D committed the current offence
3. Propensity to be untruthful

Question 3

three questions under R v Handson and others 2005

Answer 3

1. Does the defendant’s history establish a propensity to commit offences of the kind charged?
2. Does that propensity make it more likely that the defendant committed the offence charged?
3. Where the previous offences are of the same description or category as the offence charged, would it be unjust to rely on them In any event, would proceedings be unfair if the evidence were to be admitted (s.101(3))?y on them (s.103(3))?

Question 4

what are the 3 gateways to admit non- defendant bad character?

Answer 4

1. agreement
2. Important explanatory evidence
3. Substantial probative- matter in issue/ context

Question 5

what are the 3 gateways to admit non- defendant bad character?

Answer 5

1. agreement
2. Important explanatory evidence
3. Substantial probative- matter in issue/ context

Question 6

s101 (3) CJA 2003

Answer 6

If the evidence related to 101(1)(d) Important matter between D and P or 101 (1)(g) D attacks the character of another person, then the court must not admit evidence that wold have such an adverse effect on the fairness of proceedings that the court ought not to accept it

The court can exclude evidence of the same type/ description if the court thinks that so much time has elapsed that it would be unjust to admit it.

Question 7

s107

Answer 7

Court has discretion to stop the case where it is satisfied, at any time after the prosecution finishes its case, that admitted bad character evidence is contaminated and this would cause a conviction to be unsafe

Question 8

s110

Answer 8

Court must give reasons for any ruling it makes on the issue of bad character

Question 9

What are the timings for bad character evidence admission and reponse

Answer 9

Pros:
- MC: 20 BD NGP
- CC: 10 BD NGP

CO-D:
- 10 BD NGP

Responce:
- 10 BD after notice

Question 10

what does the notice of the prosecution need to say?

Answer 10

• set out facts
• explain how the party will prove the facts if disputed
• explain why the evidence is admissible.

Question 11

What does the response need to state:

Answer 11

• Facts disputes
• facts accepted
• why evidence is not admissible
• why it would be unfair to admit the evidence
• any other objection