Bad Character: Procedure Flashcards
Under which section can the court exclude prosecution evidence if it would make the proceedings unfair?
A) Section 101(3) CJA 2003
B) Section 107 CJA 2003
C) Section 74 PACE 1984
D) Section 78 PACE 1984
D) Section 78 PACE 1984
Explanation:
Section 78 PACE gives the court discretion to exclude prosecution evidence if admitting it would adversely affect the fairness of proceedings.
If bad character evidence is admitted through gateway (d) or (g), under which section must the court exclude it if unfair?
A) Section 78 PACE 1984
B) Section 74 PACE 1984
C) Section 101(3) CJA 2003
D) Section 103(1) CJA 2003
C) Section 101(3) CJA 2003
Explanation:
Section 101(3) says that evidence under gateway (d) or (g) must not be admitted if it would have such an adverse effect on fairness that it ought to be excluded.
What document proves a previous conviction for bad character purposes?
A) Charge Sheet
B) Witness Statement
C) Certificate of Conviction
D) Indictment
C) Certificate of Conviction
Explanation:
Section 73 PACE states that a Certificate of Conviction signed by the proper officer is used to prove a previous conviction.
In a trial, the defendant attacks the character of a witness. Which gateway might allow prosecution to introduce the defendant’s bad character?
A) Gateway (d)
B) Gateway (g)
C) Gateway (b)
D) Gateway (e)
B) Gateway (g)
Explanation:
Under gateway (g), if a defendant attacks another’s character, prosecution may introduce bad character evidence against the defendant.
The prosecution serves a bad character notice in the Crown Court. How long after a plea of not guilty must this be done?
A) 5 business days
B) 15 business days
C) 20 business days
D) 10 business days
D) 10 business days
Explanation:
In the Crown Court, prosecution must serve notice within 10 business days after the defendant pleads not guilty (Rule 21.4 Criminal Procedure Rules).
A defendant gives a false impression during police interview. Can the prosecution introduce previous convictions to correct it?
A) No, because interview statements are excluded
B) No, because it would breach double jeopardy
C) Yes, through gateway (c)
D) Yes, through gateway (f)
D) Yes, through gateway (f)
Explanation:
Under gateway (f), if a defendant gives a false impression (even in police interview), the prosecution can correct it with relevant bad character evidence.
Where bad character evidence becomes contaminated after being admitted, what can the judge do?
A) Admit further evidence
B) Direct the jury to ignore it
C) Stop the case under Section 107 CJA 2003
D) Allow the prosecution to reopen their case
C) Stop the case under Section 107 CJA 2003
Explanation:
Under Section 107, if admitted bad character evidence becomes contaminated so that conviction would be unsafe, the judge can stop the case.
When applying to admit non-defendant bad character, what must the applicant show under section 100(1)(b)?
A) Minor relevance to the case
B) High likelihood of a conviction
C) Substantial probative value relating to an important issue
D) Similar past offending
C) Substantial probative value relating to an important issue
Explanation:
Section 100(1)(b) requires that the bad character has substantial probative value relating to a substantial matter in issue.
A co-defendant wishes to adduce another defendant’s bad character. What must they do?
A) Apply for a certificate of conviction
B) Serve notice orally
C) Make a s.101(1)(d) application
D) Serve a written notice within 10 business days of disclosure
D) Serve a written notice within 10 business days of disclosure
Explanation:
A co-defendant must serve notice as soon as practicable and within 10 business days after disclosure by the prosecution (Rule 21.2 and 21.4).
In which two gateways does the fairness test under s.101(3) CJA 2003 apply?
A) Gateways (e) and (g)
B) Gateways (c) and (d)
C) Gateways (f) and (g)
D) Gateways (d) and (g)
D) Gateways (d) and (g)
Explanation:
The fairness exclusion under s.101(3) applies only to gateway (d) (important matter in issue) and gateway (g) (attack on another’s character).
Which section requires the court to give reasons in open court when making a decision on bad character evidence?
A) Section 103 CJA 2003
B) Section 107 CJA 2003
C) Section 110 CJA 2003
D) Section 78 PACE 1984
C) Section 110 CJA 2003
Explanation:
Section 110 CJA 2003 obliges the court to give reasons in open court for any ruling made on the admission or exclusion of bad character evidence.
