Character Flashcards
Definition of bad character
Evidence of or of a disposition towards “misconduct”.
Meaning:
1) the commission of an offence
2) other reprehensible conduct
Situation where reprehensible conduct does not engage the bad character provisions
Where it is to do with:
1) the facts of the alleged offence
2) the investigation/prosecution of the offence
3 gateways for admitting evidence of the bad character of a non-defendant in s.100 CJA 2003
(1) (a) important explanatory evidence
(1) (b) substantial probative value in relation to a matter which is at issue and of substantial importance in the context of the case as a whole (s.100(1)(b))
(1) (c) by agreement between the parties (NO LEAVE is required for this gateway) (s.100(1)(c))
Definition of “important explanatory evidence” - two limb test
1) without it, the court or jury would find it impossible of difficult to understand other evidence in the case
2) its value for understanding the case as a whole is substantial
Four factors to which the court must have regard, when considering whether evidence of the bad character of a non-defendant is of “substantial probative value”
1) nature/number of events
2) when those events happened
3) nature and extent of similarities, if the evidence is of misconduct and the value is said to be its similarity
4) extent to which the evidence shows the person was responsible for the behaviour, if (i) the evidence is misconduct; (ii) it is alleged that the person is responsible; and (iii) the identity of that person is disputed
7 gateways for admitting evidence of the bad character of a defendant in s.101 CJA 2003
(1) (a) by agreement
(1) (b) through D’s own evidence
(1) (c) important explanatory evidence
(1) (d) relevant to an important matter between D/P
(1) (e) substantial probative value to a matter between D/co-D
(1) (f) to correct a false impression given by D
(1) (g) where D has made an attack on another’s character
Two elements of “an important matter between D/P”
1) propensity to commit offences of this kind (A- of same description; B- of same category)
2) propensity to be untruthful
(SUBJECT TO: it being unjust to admit the evidence, by reason of the length of time)
Four principles to take from R v Hanson, regarding evidence going to the propensity of D to commit offences
1) the fewer the convictions, the weaker the evidence of propensity
2) a single conviction in the same description will often not show propensity, but MAY do if it shows a propensity to unusual behaviour
3) if there is little prosecution evidence other than convictions, it is unlikely to be just to admit them
4) old convictions with no special features shared are likely to seriously adversely affect the proceedings
1 gateway for evidence of a defendant’s bad character that the court has NO discretion to exclude under s.101 CJA 2003
(1)(e) - substantial probative value to matter between D/co-D
2 gateways to which the discretion to exclude evidence of the defendant’s bad character under s.101(3) CJA 2003 applies (“such an adverse effect…”)
(1) (d) - relevant to an important matter between D/P
(1) (g) - D has made an attack on another’s character
(THE TEST is adverse effect on fairness)
General exclusionary power for prosecution evidence
s.78 PACE 1984: “such an adverse effect on the fairness of the proceedings”
Deadline (after not guilty plea) for serving notice of intention to admit bad character evidence if brought by prosecution (Mags and CC)
Mags - 21 days after not guilty plea
CC - 14 days after not guilty plea
Deadline for serving notice of intention to admit bad character evidence if brought by defence (Mags and CC)
As soon as reasonably practicable
AND: not later than 14 days after receiving evidence relied on
Two limbs of a good character direction
1) propensity
2) credibility
Two types of good character
1) absolute
2) effective
