Character Evidence Flashcards
What is character evidence?
Evidence about a person’s traits, reputation, or past conduct used in legal proceedings.
Is character evidence generally admissible in court?
No, it’s typically inadmissible unless it’s directly relevant to the case or credibility of a witness.
When can an accused introduce good character evidence?
To support innocence and credibility.
What case supports the relevance of good character to guilt and credibility?
R v Vye [1993]
What risk does introducing good character carry under Irish law?
Under s.1(f) of the Criminal Justice (Evidence) Act 1924, it opens the door to rebuttal with bad character evidence.
Is bad character of the accused admissible by default?
No, it is generally inadmissible unless directly relevant or the defence puts character in issue.
Why is bad character typically excluded?
To avoid “forbidden reasoning” – assuming guilt from prior conduct (DPP v McNeill).
When is misconduct evidence admissible?
When its probative value outweighs its prejudicial effect.
What is ‘system evidence’?
Evidence showing a pattern or system of behaviour (e.g. DPP v BK), which may be admissible.
Must similar fact evidence be ‘strikingly similar’ to be admissible?
No, modern cases like DPP v P say striking similarity isn’t required if probative value is strong.
What does s.1(e) of the 1924 Act permit?
Cross-examination of the accused even if answers are incriminating.
When can bad character be admitted under s.1(f)?
When directly relevant, if the accused attacks prosecution’s character, or if the accused gives evidence against a co-accused.
What case limits how the shield in s.1(f) is lost?
People (DPP) v McGrail [1990] – only broad attacks remove protection, not case-specific ones.
Is good character of a witness generally admissible?
No, except in rebuttal if their credibility is attacked.
Can bad character be used to impeach a witness?
Yes, but subject to limits – must be serious, relevant, and proportionate (Hobbs v Tinling).
Can previous convictions be proved if denied?
Yes – under s.6 Criminal Procedure Act 1865.
What legislation restricts complainant’s sexual history evidence?
Criminal Law (Rape) Act 1981 (as amended 1990), s.3.
When is sexual history admissible?
Only if a judge grants leave and exclusion would be unfair to the accused.
What case allowed complainant’s history where it might impact fairness?
People (DPP) v GK [2007]
Which ECHR case criticised blanket bans on such evidence?
R v A (No.2) [2002] – found blanket exclusion incompatible with Art.6 ECHR.
