Character Evidence Flashcards
What is ‘Bad Character’ Evidence?
EVIDENCE OF or DISPOSITION towards MISCONDUCT
What is the Rule on the Admissibility of ‘Bad Character’ Evidence?
Bad Character Evidence is INADMISSIBLE UNLESS through one of the ‘Gateways’ in CJA 2003
There are 7 ‘Gateways’ that ‘Bad Character’ Evidence can be Admitted under. What piece of legislation are these contained in?
S.101(1) Criminal Justice Act 2003
What are the 7 ‘Gateways’ that ‘Bad Character’ Evidence can be Admitted under in S.101(1) CJA 2003.
TIP - “All Amazing Elephants Make Perfect Friends Always”
Gateway:
(A) AGREEMENT - Agreement between Parties to admit
(B) ADDUCED - Adduced PERSONALLY by D
(C) EXPLANATORY - IMPORTANT Explanatory Evidence
(D) MATTER - IMPORTANT Matter in issue between D and P
(E) PROBATIVE - Probative Value re IMPORTANT Matter in Issue between D and Co D
(F) FALSE IMPRESSION - correct false impression made by D
(G) ATTACKED - D attacked another person’s character
“All Amazing Elephants Make Perfect Friends Always”
Bad Character Evidence can be admitted under ‘Gateway C’ of CJA 2003.
What is ‘Gateway C’ and explain what it means?
Gateway (C) - EXPLANATORY - IMPORTANT Explanatory Evidence
Jury find it DIFFICULT / IMPOSSIBLE understand the evidence without it
Bad Character Evidence can be admitted under ‘Gateway E’ of CJA 2003.
What is ‘Gateway E’ and give an example of this?
PROBATIVE - Probative Value re IMPORTANT Matter in Issue between D and Co D
E.g. D attacks Co D in ‘Defence’ and Co D responds ‘Bad Character’ evidence against D
Bad Character Evidence can be admitted under ‘Gateway D’ of CJA 2003.
What is this?
Important Matter in issue between the D and P
What 2 grounds make up ‘Ground D’ CJA 2003 an ‘Important Matter in issue between the D and P?
(1) PROPENSITY to commit offences of ‘TYPE CHARGED’
(2) PROPENSITY to be UNTRUTHFUL
The FIRST Ground making up Ground D’ CJA 2003 an ‘Important Matter in issue between the D and P’ is ‘Propensity to commit of offences TYPE CHARGED’.
What are 3 examples of what ‘Offences of TYPE CHARGED’ could be?
Previous CONVICTION for:
(1) Same OFFENCE
(2) Same CATEGORY (of Offence)
(e.g. theft category - theft, robbery, burglary)
(3) Substantial FACTUAL similarities
(e.g. use of knife)
One of the Grounds making up Ground D’ CJA 2003 an ‘Important Matter in issue between the D and P’ is ‘Propensity to commit offences of TYPE CHARGED’.
(1) If this is satisfied, what test should be applied?
(2) What are 2 examples of when this Test is UNLIKELY to be satisfied?
(1) Test - UNFAIRNESS - ‘Adverse affect on FAIRNESS of Proceedings?’
(2)
(a) 1 prior conviction
(b) Conviction LONG TIME AGO / SPENT
The SECOND Ground making up Ground D’ CJA 2003 an ‘Important Matter in issue between the D and P’ is ‘Propensity to be UNTRUTHFUL’.
What are 2 possible examples of this?
(1) Previous Conviction FRAUD
(2) Conviction offence pleaded ‘Not Guilty’ then found ‘Guilty
Which 2 Gateways are subject to the ‘Unfairness Test - Adverse affect on FAIRNESS of Proceedings?’
(1) Gateway (D) - MATTER - IMPORTANT Matter in issue between D and P
(2) Gateway (G) - D attacked another person’s character
Is Evidence connected with the Offence Charged capable of being ‘Bad Character’ Evidence?
NO - Admissible as NORMAL Evidence
If the Prosecution wants to apply to ‘Admit’ D’s ‘Bad Character’ Evidence to the court:
List:
(1) The 2 stages involved?
(2) The timeframes in both the MC and CC
(3) Which Party does each stage
(1) P serves ‘NOTICE’
(a) MC - within 10 BUSINESS DAYS D pleading ‘Not Guilty’
(b) CC - within 20 BUSINESS DAYS D pleading ‘Not Guilty’
(2) D CAN serve ‘OBJECTION’
MC & CC - within 10 BUSINESS DAYS
The process for P to apply to ‘Admit’ D’s ‘Bad Character’ Evidence to the court is:
(1) P serves ‘Notice’
(2) D can serve ‘Objection’
What are the Time Frames for each part in the MC and CC?
(1) ‘Notice of Intent’
(a) MC -within 10 BUSINESS DAYS D pleading ‘Not Guilty’
(b) CC - within 20 BUSINESS DAYS D pleading ‘Not Guilty’
(2) ‘Objection’
MC & CC - within 10 BUSINESS DAYS
