bad character (week 6)

Question 1

how is bad character defined?

Answer 1

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

Question 2

how can bad character be shown?

Answer 2

1)previous convictions
2)cautions
3)acquittals
4)agreed facts that amount to reprehensible behaviour
5)witness evidence of a reputation for reprehensible behaviour

Question 3

what 2 conduct is excluded from bad character evidence? (excludes evidence of misconduct which….)

Answer 3

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

Question 4

what are the gateways that bad character evidence can be admitted through?

Answer 4

• Agreement
• Blurts it out
• Context
• Done it before
• E’ did it
• False impression
• Gets at the witness
  s101(1)(a-g) CJA 2003

Question 5

if evidence is passed through one gateway, can it be used for any purpose?

Answer 5

yes it can be used for any purpose that is relevant

Question 6

which gateways for bad character do not need leave from the court? (there are 2)

Answer 6

s101(1)(a) and (b)

Question 7

what is an important explanatory evidence for s101(1)(c) gateway for bad character?

Answer 7

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

Question 8

what is important matter for s101(1)(d) gateway for bad character?

Answer 8

important matter means a matter of substantial importance in the context of the case as a whole.

Question 9

Is propensity to be untruthful the same as propensity to be dishonest?

Answer 9

no, they are not the same

Question 10

who weighs up the bad character evidence?

Answer 10

the jury decides weight on bad character evidence

Question 11

can you use bad character to bolster a weak case?

Answer 11

no you cannot

Question 12

what are the 3 gateways to allow bad character for non defendant?

Answer 12

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

Question 13

who can adduce evidence for non-defendant’s for bad character?

Answer 13

can be adduced by any party

Question 14

what should be considered to established if misconduct of a non-defendant has ‘substantial’ probative value?

Answer 14

depends on the nature, number and age of the instances of misconduct.

Question 15

What are time limits for prosecution evidence of D’s bad character in magistrates court?

Answer 15

not more than 20 business days after D pleads not guilty

Question 16

What are time limits for prosecution evidence of D’s bad character in crown court?

Answer 16

not more than 10 business days after the D pleads not guilty

Question 17

what are the time limits for prosecution evidence on D’s bad character for co-defendants evidence?

Answer 17

ASAP and, in any event, not more than 10 years days after prosecutor discloses the material on which the notice is based

Question 18

when can adverse inferences be drawn from defence statements? (there are 3 situations)

Answer 18

1. didn’t serve the defence statement
2. served it late
3. written it very vaguely

Question 19

can you use bad character application to bolster a weak case?

Answer 19

no you cannot
the prejudicial value outweighs the probative value

Question 20

what are the two categories that can be passed as offence of the same category for allowing a bad character application?

Answer 20

sexual offences and theft offences

Question 21

what is used materials? (for disclosure)

Answer 21

relied upon at trial

Question 22

what is unused material? (for disclosure)

Answer 22

not relied upon at trial

Question 23

what is a defence statement?

Answer 23

a written statement which sets out the nature of the accused’s defence with reasonable clarity

Question 24

what is the time frame for a defence statement to be served in the crown court?

Answer 24

defence statement must be served within 28 days after initial disclosure of unused material has been made

Question 25

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?

Answer 25

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.