Character evidence

Question 1

When will bad character only be admitted, on application by the prosecution or co-defendant?

Answer 1

If it satisfied one of the seven gateways - 101(1)(a)-(g)

Question 2

What is s101(1)(a) CJA 2003?

Answer 2

All parties agree

Question 3

What is s101(1)(b) CJA 2003?

Answer 3

The evidence is adduced by the defendant themselves or given in answer to a question

Question 4

What is s101(1)(c) CJA 2003?

Answer 4

The evidence is important explanatory evidence

Question 5

What is s101(1)(d) CJA 2003?

Answer 5

The evidence is relevant to an important issue between the defendant and the prosecution

Question 6

What is s101(1)(e) CJA 2003?

Answer 6

The evidence has substantive probative value in relation to an important matter in issue between the defendant and a co-defendant

Question 7

What is s101(1)(f) CJA 2003?

Answer 7

The evidence is required to correct a false impression given by the defendant

Question 8

What is s101(1)(g) CJA 2003?

Answer 8

The defendant has made an attack on another person’s character

Question 9

What is the key focus under s101(1)(d)?

Answer 9

Whether the evidence shows a particular propensity on the part of the defendant. Either propensity to commit offences of the kind in which the defendant is charged or propensity to be untruthful

Question 10

What factors do the court consider when assessing propensity for s101(1)(d)?

Answer 10

The Hanson factors:
- whether the history of previous convictions establishes propensity
- the number of previous convictions
- the strength of the prosecution case
- individual circumstances of each conviction rather than the name of the offence

Question 11

What is the process of introducing the defendant’s bad character evidence?

Answer 11

1. the prosecution needs to draft and serve a notice not more than 20 business days after a not-guilty in the mags or not more than 10 business days after a not-guilty in the crown
2. if it is the co-defendant they need to draft and serve notice not more than 10 business days after the prosecution discloses material on which it is based or as soon as practicably possible

Question 12

What happens if the defence wish to object to the notice of introducing bad character evidence?

Answer 12

They need to draft an application challenging the notice not more than 10 business days after the initial notice was served

Question 13

What are the court’s powers to exclude bad character evidence?

Answer 13

The court has a general power to exclude under s101(3).
If the view is that if admitted it would have such an adverse effect on the fairness of proceedings that the court ought not to admit it then the court MUST exclude it

Question 14

When is the bad character evidence of non-defendants admissible?

Answer 14

Under s100(1):
(a) it is important explanatory evidence,
(b) it has substantial probative value in relation to a matter which:
- Is a matter in issue in the proceedings, and
- Is of substantial importance in the context of the case as a whole, or
(c) all parties to the proceedings agree to the evidence being admissible

Question 15

When is non-defendant bad character evidence considered important explanatory evidence?

Answer 15

When without it, the court or jury would find it impossible or difficult properly to understand other evidence in the case and its value for understanding the case as a whole is substantial (section 100(2))