Bad Character Evidence (Criminal Justice Act 2003, s.101)

Question 1

When can the prosecution introduce bad character evidence?

Answer 1

Only through one of seven gateways under s.101(1) CJA 2003, e.g.:
(a) Agreement – all parties agree to its admission.
(b) Self-adduced – the defendant introduces it or it is given in response to cross-examination.
(c) Important explanatory evidence – necessary for understanding the case.
(d) Relevant to an important issue in the case – e.g., proving propensity to commit similar offences or propensity to be untruthful.
(e) Substantial probative value in a co-defendant’s case – to challenge credibility.
(f) Correcting a false impression – e.g., the defendant falsely presents themselves as law-abiding.
(g) Attack on another person’s character – if the defendant has attacked the character of others

Question 2

How does the prosecution prove “propensity” under s.103 CJA 2003?

Answer 2

(1) Propensity to commit similar offences: Evidence of past offences of the same description or category is admissible unless it would be unjust due to time elapsed or other reasons (s.103(3) CJA 2003).

(2) Propensity to be untruthful: This applies when dishonesty is a key issue in the trial, such as fraud or perjury​

Question 3

What are the defence arguments against admitting Bad Character evidence?

Answer 3

Under s.101(3) CJA 2003, evidence must be excluded if it would have an adverse effect on the fairness of proceedings.

Under s.78 PACE 1984, the court has discretion to exclude unfairly prejudicial evidence