Bad character intro

Question 1

What is bad character evidence?

Answer 1

Bad character evidence is evidence that shows a defendant’s tendency to commit a crime, rather than evidence related to the facts of the crime itself.

Question 2

What are sources of bad character evidence?

Answer 2

*Previous convictions in the UK

*Previous convictions in a foreign court where such offences have a domestic equivalent

*Cautions

*Acquittals, where the prosecution contends that in fact the defendant was guilty of the previous offence of which D was acquitted

*Agreed facts that amount to reprehensible behaviour

*Witness evidence of a reputation for reprehensible behaviour

Question 3

In relation to previous acquittals what is the prosecution allowed to assert?

Answer 3

Where the prosecution relies on evidence of previous acquittals, it is open to it to assert that the defendant did commit the offence(s) of which D was previously acquitted. Double jeopardy rule is not transgressed so long as the prosecution does not seek to have the defendant punished for the previous offences.

Question 4

What conduct falls outside of bad character?

Answer 4

a) Misconduct which has to do with the alleged facts of the offence with which the defendant is charged; or

b) Misconduct which is committed in connection with the investigation or prosecution of that offence

Question 5

Where are the gateways for non-defendant bad character evidence set out?

Answer 5

s.100(1)

Question 6

Where are the gateways for defendant bad character evidence set out?

Answer 6

s.101(1)