Bad character procedure Flashcards
What is required to prove a conviction when adducing previous convictions as bad character evidence?
A certificate of conviction signed by an officer of the court.
If there is evidence of conviction, there is evidence that an offence was committed unless the contrary is proved.
What is the timeline for introducing prosecution evidence in a Magistrates’ Court (MC) relating to bad character?
Not more than 20 business days after the defendant pleads NG.
What is the timeline for prosecution evidence in a Crown Court (CC) relating to bad character?
Not more than 10 business days after the defendant pleads NG.
When must co-defendant’s evidence of bad character be provided?
As soon as reasonably practicable but not more than 10 business days after the prosecutor discloses material on which the evidence is based.
What is the response timeline for a defendant disputing bad character evidence?
Not more than 10 business days after service of notice.
What must a defendant’s response include regarding bad character evidence?
Disputes facts, why evidence is not admissible, and why it is unfair.
What is the timeline for non-defendant bad character evidence in MC and CC?
As soon as reasonably practicable but not more than 10 business days after the prosecutor discloses material on which the evidence is based.
What is the response timeline for non-defendant bad character evidence?
Not more than 10 business days after service of notice.
What must a non-defendant’s response include regarding bad character evidence?
Disputes facts, why evidence is not admissible, and why it is unfair.
How does the court determine bad character evidence?
The court can determine with or without a hearing and can shorten or extend time limits.
