Character Evidence.

Question 1

What is needed for good character?

Answer 1

Absolute good character or effective good character.

Question 2

What is absolute good character?

Answer 2

No pre-cons, cautions or other reprehensible behaviour.

Question 3

What is effective good character?

Answer 3

Old, minor or irrelevant pre-cons…

Question 4

What is the judges’ direction on good character? What is the direction called?

Answer 4

Credibility and guilt. The Vye direction.

Question 5

What is bad character (and section)?

Answer 5

S.98 CJA: evidence of, or of a disposition towards, misconduct.

Question 6

What does S.112 say misconduct is?

Answer 6

Evidence of commission of an offence or other reprehensible behaviour.

Question 7

What are needed for bad character to be admitted (and section) (and case)?

Answer 7

S.101 Gateways. R v Hanson.

Question 8

What is S.101(1)(a)?

Answer 8

By agreement - all parties agree.

Question 9

What is S.101(1)(b)?

Answer 9

Adduced by D/given in answer to question during cross-examination.

Question 10

What is S.101(1)(c)?

Answer 10

Important explanatory evidence - without it, court would find difficult to understand case and valuable for understanding case as a whole.

Question 11

What is S.101(1)(e)?

Answer 11

Evidence with a substantial probative value relating to issue between D1 and D2.

Question 12

What is S.101(1)(f)?

Answer 12

Correct a false impression given by D or one of his witnesses.

Question 13

What is S.101(1)(g)?

Answer 13

D attacks another person’s character.

Question 14

What is S.101(1)(d)?

Answer 14

Relevant to important matter in issue between defence and prosecution.

Question 15

What does propensity show in ‘d’ (and sections)?

Answer 15

S.103(1)(a): to commit like offences.
S103(1)(b): to be untruthful.

Question 16

What are the 4 situations ‘d’ can be used?

Answer 16

1. Pre-cons of same description as current.
2. Pre-cons of same category.
3. Other pre-cons.
4. Pre-cons showing tendency to lie.

Question 17

What section prevents admissibility through ‘d’ and ‘g’?

Answer 17

S.103(3).

Question 18

On what basis can ‘d’ and ‘g’ e prevented?

Answer 18

If admitted it would have an adverse effect on the fairness of the proceedings.

Question 19

What re the jury directions for bad character evidence?

Answer 19

1. Not to convict solely on pre-cons.
2. Propensity should be assessed alongside other evidence.
3. Bad character evidence should not be used to bolster a weak case.