Bad Character - Procedure Flashcards
What are exclusions and safeguards?
Gives judge discretion to exclude evidence on ground that prosecution admission would have such an adverse effect on fairness of the proceedings that it ought not to be admitted
Can exclusions and safeguards be applied to one D against another D?
No
Which gateways does exclusions and safeguard apply to in bad character evidence?
D (propensity / credibility) and G (correcting a false impression)
When could exclusions and safeguards apply to propensity admission of bad character evidence?
If time has elapsed since conviction, or for any other reason
What happens if bad character evidence has contaminated a case?
If contamination would lead to unsafe conviction, the court can close the case
Does the court have to give reasons for any ruling it makes on bad character evidence?
Yes, in open court – as per s110 CJA 2003
What can be done if there is a dispute as to whether a person has in fact been convicted or acquitted of an offence in the past, whether in UK or EU?
May be proved by production of certificate of conviction or acquittal
If a person is proved to have been convicted of an offence, how does the court see that?
As true unless the person proves the contrary
How does a person prove they did not commit and offence?
If they can show on the balance of probabilities that the offence was not committed by that person
What is required by a party wishing to adduce bad character evidence for non-defendants?
Make an application under rule 21.3
What is required by a party wishing to adduce bad character evidence for defendants?
Give notice under rule 21.4
What is the time limit on prosecution defendant bad character in the Magistrate’s Court?
Not more than 20 business days after D pleads not guilty
What is the time limit on prosecution defendant bad character in the Crown Court?
Not more than 10 business days after D pleads not guilty
What is the time limit on co-defendant bad character evidence?
In any event, not more than 10 business days after prosecutor discloses material on which notice is based
What is the time limit on response to defendant bad character evidence?
Not more than 10 business days after service of notice
What are the contents of prosecution evidence and co-defendants or non-defendant evidence?
- Set out facts of misconduct on which party relies
- Explain how that party will prove these facts
- Explain why evidence is admissible
What is the content of D’s or non-D’s response to bad character evidence?
- Which facts party disputes
- Which facts party admits
- Why evidence is not admissible
- Why it would be unfair to admit the evidence
- Any other objection to the notice
What is the time limit to non-defendant bad character?
Not more than 10 business days after prosecutor discloses material on which application is based
What is time limit on response to non-defendant bad character?
Not more than 10 business days after service of application
Where must the court’s decision be announced on bad character evidence?
In public, in the absence of the jury
