Character Evidence A&Q Flashcards
What is the definition of bad character ?
s.98 CJA 2003: A person’s ‘bad character’ are evidence of, or of a disposition towards, misconduct on his part, other than evidence which-
a) has to do with the alleged facts of the offence with chich D is charged or
b) is evidence of misconduct in connection with the investigation or prosecution of that offence.
*Can included a defendant or non-defendant.
What is the definition of misconduct?
The commission of an offence or other reprehensible behaviour.
What are sources of bad character evidence?
- Previous convictions in the UK.
- Previous convictions in a foreign court where such offences have a domestic equivalent. Blasphemy, for example, would be unlikely to be considered bad character.
- Cautions
-Acquittals, where the prosecution contends that in fact D was guilty of previous offence of which D was acquitted.
- Agreed facts that amount to reprehensible behaviour.
- Witness evidence of a reputation for reprehensible behaviour.
What are conduct which are admissible without going through a gateway?
Excludes evidence of misconduct which:
a) has to do with alleged facts of the offence with which D is charged or
b) is committed in connection with the investigation or prosecution of that evidence.
examples include lying in police interview and jury tampering.
How can evidence of bad character be admissible?
Bad character evidence must go through a gateway to be admissible.
-s.100(1) sets out the gateway for non-D bad character
-s.101(1) sets out the gateways for D bad character.
How many gateways through which evidence of the bad character of D can become admissible? and what are they?
7 Gateways:
1- Agreement (of the parties)
2- Blurts it out (evidence adduced by D)
3- Context (Important explanatory evidence)
4- Done it before (Relevant to an important matter between in issue between D and Pros)
5- ‘E did it (Probative value between D and Co-D)
6- False Impression (Correcting a False Impression)
7- Gets at the witness (D attacks another’s Character)
What is the formal requirements needed for a gateway by an agreement of the parties?
There is NO formal requirements needed…
- no need to make an application to the court for leave to adduce evidence through this gateway.
- no formal requirements as to the recording of the agreement or how it is reached. A tacit agreement is enough.
How can evidence be adduced by D of their own bad character?
The evidence is adduced by D himself
or
is given in answer to a question asked by him in cross-examination and intended to elicit it
Why would D wish to introduce evidence of their own bad character?
- To come clean about old conviction in order to receive a modified good character direction
- To show that D has never been convicted of an offence of the type with which D is now charged
-To put forward a defence. e.g to show that D was in prison at the time of the alleged offence.
- To show why police officers might have a bias against D.
What is the formal requirements needed for a gateway by evidence adduced by D?
No formal requirement…
Leave of the court is not required to adduce evidence through this gateway.
What constitutes as evidence which is important explanatory evidence?
a) without it, the court or jury would find it impossible or difficult properly to understand other evidence in the case
and
b) its value for understanding the case as a whole is substantial.
What is the affect of the gateway for important explanatory evidence?
This gateway allows the prosecution to adduce evidence of past misconduct of D where it is needed to explain the prosecution case in the current trial.
What is the formal requirements needed for a gateway for important explanatory evidence?
Leave of the court is required to adduce evidence through this gateway.
