Bad Character Evidence

Question 0

Non defendants are given protection against bad character evidence being exposed under which test ?

Answer 0

The enhanced relevance test

Note: this is for non defendants only - a defendants bad character is not subject to this test

Question 1

What is bad character evidence?

Answer 1

Any evidence that someone has a disposition towards misconduct other than that which they are being charged for.

Question 2

What act introduced the scheme for admissibility of bad character evidence?

Answer 2

Criminal justice act 2003
S.98

‘Evidence of, or a disposition towards, misconduct on his part, other than evidence which:
A) has to do with the alleged facts of the offence with which the defendant is charged, or;
B) is evidence of misconduct in connection with the investigation of prosecution of that offence

Question 3

When is evidence of a defendants bad character admissible?

Answer 3

When all parties agree to it.
When it is important explanatory evidence relevant to an important matter in issue between defendant and prosecution
The defendant has made an attack in another persons character