Bad Character - Non-Defendant

Question 1

What are the gateways for admissibility of non-defendant bad character evidence?

Answer 1

1) Important explanatory evidence
2) Substantial probative value in relation to a matter
3) All parties agree to evidence being admissible

Question 2

What constitutes important explanatory evidence in non-defendant bad character evidence?

Answer 2

Without it, the court or jury would find it impossible to properly understand evidence in the case

Question 3

Is leave of the court required for admission of non-defendant bad character evidence for important explanatory evidence?

Answer 3

Yes, unless all parties agree

Question 4

What constitutes important substantial probative value in relation to a matter in non-defendant bad character evidence?

Answer 4

Either credibility or a disputed fact

Question 5

What is an example of bad character evidence being admitted against a witness under substantive probative value in relation to a matter?

Answer 5

Can challenge witness credibility by showing prior convictions which show a pattern of dishonesty, in recent and serious cases – substantially probative for the jury in assessing their reliability

Question 6

What is the meaning of substantial in relation to a matter in non-defendant bad character evidence?

Answer 6

The evidence must be capable of having an impact on the way in which the jury could assess the evidence of a witness in the case as a whole – i.e. recent misconduct likely to have greater probative value than misconduct 25 years ago

Question 7

Which party can adduce evidence of non-defendant bad character under s100 CJA 2003?

Answer 7

Any party