Character Evidence MCQ Flashcards
Where can the definition of bad character be found?
A. Section 101 Criminal Justice Act 2003
B. Section 98 Criminal Justice Act 2003
C. Section 108 Criminal Justice Act 2003
D. Section 107 Criminal Justice Act 2003
B. Section 98 Criminal Justice Act 2003
Section 98 states:
‘References in this Chapter to evidence of a person’s “bad character” are to evidence of, or of a disposition towards, misconduct on his part, other than evidence which-
has to do with the alleged facts of the offence with which the defendant is charged, or
is evidence of misconduct in connection with the investigation or prosecution of that offence.’
‘Misconduct’, according to section 112, means: ‘the commission of an offence or other reprehensible behaviour’.
Which of the following are inadmissible?
A. A party’s previous convictions
B. Behaviour short of a conviction
C. Irrelevant behaviour
D. Convictions committed after the offence being tried
C. Irrelevant behaviour
For bad character to be admissible, it must be behaviour which falls within s.98(a) or (b) and it must be relevant.
A defendant attempts to intimidate a witness. Will the prosecution have to make a bad character application to admit this conduct?
A. Yes
B. No
C. Depends on the circumstances
B. No
This is an example of misconduct connected with the investigation or prosecution of the offence, so not bad character evidence under the definition in s.98 Criminal Justice Act 2003
Which of the following is incorrect regarding the Crown use of bad character?
A. The Crown may rely on the circumstances of the conviction to suggest this is how the defendant does a particular crime
B. The Crown may rely on reprehensible behaviour such as in an assault case, evidence of the police being called out for allegations of D’s violence on the same V on four occasions even if none resulted in charge or conviction
C. The Crown may rely on the fact of the previous conviction to suggest that the defendant has done the crime before and has done it again
D. The Crown may rely on bad character as conclusive proof the defendant is guilty
D. The Crown may rely on bad character as conclusive proof the defendant is guilty
Previous convictions and reprehensible behaviour demonstrate bad character but are not conclusive proof the defendant is guilty. All of the other options are examples of the uses the Crown may have for bad character. However, bad character can be admitted for any relevant purpose. Typically this means that it goes to an issue in the case, or is evidence bearing on credibility. The judge should direct the jury on the purpose for which the evidence may/may not be used (ie, propensity or credibility), and give a direction that:
(i) warns the jury of the danger of placing undue reliance on previous convictions;
(ii) Stresses that bad character cannot bolster a weak case, or prejudice a jury against the defendant;
(iii) Emphasises that the jury should not infer guilty from the existence of convictions.
Which of the following gateways do not require leave of the court to admit defendant bad character evidence?
A. Section 101(1)(f): Correcting a false impression
B. Section 101(1)(b): Evidence adduced by the defendant
C. Section 101(1)(c): Important explanatory evidence
D. Section 101(1)(d): Important matter in issue between the defendant and the prosecution
E. Section 101(1)(e): Important matter in issue between the defendant and a co-defendant
B. Section 101(1)(b): Evidence adduced by the defendant
There is no need to make an application to the court for leave to adduce evidence through this gateway. There is also no need to make an application to the court for leave to adduce evidence under section 101(1)(a)- agreement of the parties. The remainder of the gateways of admissibility (s.101(1)(c)-(g)) require an application to the court for leave to adduce evidence.
Which of the following gateways to admissibility of bad character can only be used by the defence as opposed to the prosecution?
A. Section 101(1)(d): Important matter in issue between the defendant and the prosecution
B. Section 101(1)(a): Agreement of the parties
C. Section 101(1)(c): Important explanatory evidence
D. Section 101(1)(e): Important matter in issue between the defendant and a co-defendant
D. Section 101(1)(e): Important matter in issue between the defendant and a co-defendant
By definition evidence that comes in through this gateway is not prosecution evidence and s.78 PACE Act 1984 does not apply to it.
If a non-defendant has bad character, how many gateways are there through which it may be admitted?
A. 4
B. 1
C. 2
D. 3
D. 3
These can be relied on by the prosecution and defence. They apply to witnesses and other parties not called to give evidence. The three gateways in s.100(1) are: (a) if it is important explanatory evidence; (b) if it has substantial probative value in relation to a matter which is in issue in the proceedings and is of substantial importance in the context of the case as a whole; or (c) if all parties agree to the evidence being admissible.
Which of the following gateways to admissibility of non-defendant bad character evidence does not require leave of the court?
A. s.100(1)(c)- Agreement of the parties
B. s.100(1)(b)- Substantial probative value in relation to a matter in issue and of substantial importance in the context of the case as a whole
C. s.100(1)(a)- Important explanatory evidence
A. s.100(1)(c)- Agreement of the parties
This gateway to admissibility of non-defendant bad character evidence does not require leave of the court.
Which party or parties can adduce evidence of non-defendant bad character under s.100 Criminal Justice Act 2003?
A. Prosecution only
B. Any party
C. Defence only
B. Any party
Evidence under s.100 Criminal Justice Act 2003 can be adduced by any party.
When would a bad character application not be heard?
A. Before cross-examination or re-examination, if it arose as a result of examination in chief or cross-examination
B. After the prosecution have called all of their evidence
C. At the first hearing in an indictable only offence
D. Before the jury are sworn in, if it is the defendant’s bad character
E. Before a witness gives evidence, if it is non-defendant bad character
C. At the first hearing in an indictable only offence
The first hearing for an indictable only offence is when the case is sent to the Crown Court and no plea is taken. While the timing of a bad character application is a matter of judgment, the other options are common timings.
What rules must be complied with to make a bad character application?
A. CrimPr Part 22
B. CrimPR Part 20
C. CrimPR Part 21
C. CrimPR Part 21
The party seeking to introduce evidence of bad character must serve a notice on the court officer and each other party. The court has an unfettered discretion to vary the notice requirements.
How can the defence prevent the prosecution from being able to elicit bad character evidence under s.101(c), important explanatory evidence?
A. The judge should exercise discretion under s.78 PACE 1984 to exclude the evidence
B. There is no way to prevent it
C. The admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it (s.101(3))
A. The judge should exercise discretion under s.78 PACE 1984 to exclude the evidence
The Criminal Justice Act 2003 does not contain a specific method of excluding bad character evidence under this gateway. The defence either have to persuade the court that the statutory test is not met or that the judge should exercise their discretion under s.78 PACE 1984 to exclude the evidence.
