Character evidence Flashcards
What is bad character evidence?
Bad character evidence refers to evidence of a disposition towards misconduct, the commission of offences, or other bad behaviour not directly related to the current charge. This can include previous convictions, but it does not have to. It is considered extremely prejudicial, so its admission is closely guarded.
What are the 7 gateways for admitting bad character evidence?
1) All parties agree
2) Introduced by the defendant (e.g., in response to cross-examination)
3) Important explanatory evidence
4) Relevant to an important matter in issue (e.g., propensity to commit similar offences)
5) Substantial probative value in issue between co-defendants
6) Corrects a false impression given by the defendant
7) Defendant has attacked another witness’s character
What is important explanatory evidence under bad character rules?
This is evidence that is necessary to properly understand other evidence in the case. The jury would find it difficult or impossible to understand the case without it. It must beessentialto understanding the case as a whole, not just filling out the picture.
When is bad character evidence relevant to an important matter in issue?
It is relevant when it addresses matters in issue, such as thedefendant’s propensityto commit offences of the type charged or thepropensity to be untruthful. Previous similar convictions or cautions can be admitted under this gateway.
What is the procedure for admitting bad character evidence?
The prosecution must give notice to adduce bad character evidence:
- Within 28 days of a not guilty plea in the Magistrates’ Court.
- Within 14 days of a not guilty plea in the Crown Court.
In the Crown Court, the application will be heard by the judge in the absence of the jury. In the Magistrates’ Court, the bench will consider the application. If the evidence is ruled inadmissible, it must be disregarded.
When must bad character evidence be excluded under gateways 4 and 7?
If the defence applies to exclude bad character evidence admitted under gateways 4 (propensity) or 7 (attack on witness character), and the court believes its admission would have anadverse effect on the fairness of proceedings, the courtmustexclude it.
What is good character evidence?
Good character evidence demonstrates a lack of disposition towards committing offences or engaging in reprehensible behaviour. It is often shown by a lack of a criminal record. If the defendant has no previous convictions, they areautomatically entitledto agood character directionfrom the judge.
What is a good character direction?
A good character direction is given by the judge if the defendant has no previous convictions. It instructs the jury that a person of good character isless likelyto commit an offence andmore likelyto be credible when asserting their innocence.
