bad character (week 6) Flashcards
how is bad character defined?
s98 CJA 2003 = evidence of, or of a disposition towards, misconduct on his part, other than evidence which
(a) has to do with the alleged facts of the offence with which the D is charged, or
(b) evidence of misconduct in connection with the investigation or prosecution of that offence
how can bad character be shown?
1)previous convictions
2)cautions
3)acquittals
4)agreed facts that amount to reprehensible behaviour
5)witness evidence of a reputation for reprehensible behaviour
what 2 conduct is excluded from bad character evidence? (excludes evidence of misconduct which….)
excludes evidence of misconduct which:
a) has to do with the alleged facts of the offence with which the D is charged; or
b) is committed in connection with the investigation or prosecution of that evidence
what are the gateways that bad character evidence can be admitted through?
- Agreement
- Blurts it out
- Context
- Done it before
- E’ did it
- False impression
- Gets at the witness
s101(1)(a-g) CJA 2003
if evidence is passed through one gateway, can it be used for any purpose?
yes it can be used for any purpose that is relevant
which gateways for bad character do not need leave from the court? (there are 2)
s101(1)(a) and (b)
what is an important explanatory evidence for s101(1)(c) gateway for bad character?
evidence is important explanatory evidence if:
(A) Without it, the court or jury would find it impossible or difficult properly to understand other evidence in the case, and
(B) its value for understanding the case as a whole is substantial
what is important matter for s101(1)(d) gateway for bad character?
important matter means a matter of substantial importance in the context of the case as a whole.
Is propensity to be untruthful the same as propensity to be dishonest?
no, they are not the same
who weighs up the bad character evidence?
the jury decides weight on bad character evidence
can you use bad character to bolster a weak case?
no you cannot
what are the 3 gateways to allow bad character for non defendant?
1) important explanatory evidence
2) if it has substantial probative value in relation to matter in issue and context of case as a whole
3) if all parties agree evidence is admitted
who can adduce evidence for non-defendant’s for bad character?
can be adduced by any party
what should be considered to established if misconduct of a non-defendant has ‘substantial’ probative value?
depends on the nature, number and age of the instances of misconduct.
What are time limits for prosecution evidence of D’s bad character in magistrates court?
not more than 20 business days after D pleads not guilty
What are time limits for prosecution evidence of D’s bad character in crown court?
not more than 10 business days after the D pleads not guilty
what are the time limits for prosecution evidence on D’s bad character for co-defendants evidence?
ASAP and, in any event, not more than 10 years days after prosecutor discloses the material on which the notice is based
when can adverse inferences be drawn from defence statements? (there are 3 situations)
- didn’t serve the defence statement
- served it late
- written it very vaguely
can you use bad character application to bolster a weak case?
no you cannot
the prejudicial value outweighs the probative value
what are the two categories that can be passed as offence of the same category for allowing a bad character application?
sexual offences and theft offences
what is used materials? (for disclosure)
relied upon at trial
what is unused material? (for disclosure)
not relied upon at trial
what is a defence statement?
a written statement which sets out the nature of the accused’s defence with reasonable clarity
what is the time frame for a defence statement to be served in the crown court?
defence statement must be served within 28 days after initial disclosure of unused material has been made
does the duty to disclose any prosecution material which might undermine the prosecution case or assist the case for the defence apply in both the crown court AND magistrates court?
yes it applies to both and duty to disclose commences before the defence statement is served when the D pleads not guilty in the magistrates court.
