CLP 21 - Character Evidence Flashcards
How is bad character evidence defined under Section 98 CJA 2003?
Evidence of past misconduct or a tendency to behave badly, excluding:
* Conduct related to the current offence
* Misconduct during the investigation or prosecution
What qualifies as misconduct under CJA 2003?
Committing a criminal offence or morally blameworthy behaviour (e.g., gang membership, intimidation).
What does not count as bad character evidence?
- Conduct forming part of the current offence
- Misconduct during investigation (e.g., lying to police)
- Motive directly related to the offence
What are the 7 ‘gateways’ for admitting bad character evidence against a defendant?
- Agreement
- Blurted out by the defendant
- Contextual/background evidence
- Done before – showing propensity
- ‘E did it’ – co-defendant issues
- False impressions
- Gets at the witness – attacks on others
When can bad character evidence be admitted under the ‘done before’ (propensity) gateway?
- Defendant has a propensity to commit similar offences or be untruthful
- Court must apply R v Hanson test to ensure fairness and relevance
What is the R v Hanson test for admitting bad character (propensity)?
- Is there a real propensity?
- Does it make guilt more likely?
- Would it be unjust to rely on it?
- Would proceedings be unfair?
Can a co-defendant introduce another defendant’s bad character?
Yes – if it is an important issue between defendants, with substantial probative value (gateway (e)).
What is required if a defendant creates a false impression?
Prosecution can correct the impression with bad character evidence, even if the impression was unintentional.
When can bad character be used under the ‘gets at the witness’ gateway?
If the defendant attacks a person’s character, including witnesses or non-witnesses, by implying they acted badly.
What must the jury be told about bad character evidence?
- Do not assume guilt just because of past behaviour
- A propensity is not proof of guilt
- Disputed past conduct must be proved to the criminal standard
What are the 3 routes for admitting bad character of a non-defendant under Section 100?
- Important explanatory evidence
- Substantial probative value to a matter in issue
- All parties agree
When is non-defendant bad character admissible to show credibility or propensity?
If it has substantial probative value regarding a matter of substantial importance in the case.
What factors determine whether non-defendant bad character is admissible?
- Seriousness and number of prior incidents
- Recency of the conduct
- Similarity to current allegations
- Connection to the current case
What provision allows courts to exclude prosecution bad character evidence if unfair?
Section 78 PACE 1984 – court has discretion to exclude if it adversely affects fairness.
What does Section 101(3) CJA 2003 state?
The court must not admit bad character evidence under gateways (d) or (g) if it would adversely affect the fairness of the proceedings.
What does Section 107 CJA 2003 allow?
The court can stop the case if the bad character evidence is contaminated and may cause an unsafe conviction.
How are past convictions proved in court?
- Section 73: Certificate of conviction + identity
- Sections 74–75: Court assumes conviction is correct unless proved otherwise on balance of probabilities
What are the time limits for giving notice of bad character evidence (defendant)?
- Magistrates’ Court: Within 20 business days of not guilty plea
- Crown Court: Within 10 business days
What must a bad character notice include?
- Facts relied on
- How they will be proved (e.g., certificate)
- Why they are relevant and admissible
What must a response to a bad character notice include?
- Which facts are disputed or admitted
- Reasons for objection
- Any arguments on unfairness
Can the court extend time limits for bad character applications?
Yes – the court may allow late applications, change deadlines, or accept alternative formats.
