CLP WK 6

Question 1

What is bad character evidence?

Answer 1

Evidence of or a disposition towards misconduct, excluding evidence related to the alleged facts of the current offense or its investigation.

Question 2

What constitutes ‘misconduct’?

Answer 2

The commission of an offense or other reprehensible behavior (suggesting moral blameworthiness).

Question 3

What are some examples of bad character evidence?

Answer 3

Previous convictions, cautions, acquittals, agreed facts indicating reprehensible behavior, and witness testimonies about the defendant’s reputation for reprehensible conduct.

Question 4

Can acquittals be used as bad character evidence?

Answer 4

Yes, the prosecution can argue that a defendant committed the offenses they were acquitted of to demonstrate propensity, as long as they are not seeking to punish the defendant for those prior offenses.

Question 5

What is the case example for using acquittals as bad character evidence?

Answer 5

R v Z 2 AC 483, where evidence from previous rape allegations (despite acquittals) was used to show a propensity for the crime

Question 6

What conduct is excluded from the definition of bad character under Section 98 CJA 2003?

Answer 6

Misconduct directly related to the facts of the offense and misconduct connected with the investigation or prosecution (e.g., lying during an interview, jury tampering, witness intimidation).

Question 7

What is the significance of the exclusion under Section 98 CJA 2003?

Answer 7

Such evidence is admissible without needing to meet additional admissibility requirements (gateways).

Question 8

Which sections of the CJA 2003 govern the admissibility of bad character evidence?

Answer 8

Section 100 for non-defendants and Section 101 for defendants.

Question 9

When is a bad character application not necessary?

Answer 9

When the misconduct relates directly to the current offense or its investigation (e.g., lying in police interviews, jury tampering).

Question 10

What is the mnemonic for remembering the gateways for admitting a defendant’s bad character evidence?

Answer 10

Agreement, Blurts it out, Context (Explanatory), Done it before (Propensity), ‘E did it (Co-defendant), False impression, Gets at the witness (Attack on character).

Question 11

Explain Section 101(1)(a) CJA 2003

Answer 11

Evidence is admissible if all parties agree, without a formal application.

Question 12

Explain Section 101(1)(b) CJA 2003:

Answer 12

Defendants can introduce their own bad character evidence without court permission.

Question 13

Explain Section 101(1)(c) CJA 2003:

Answer 13

Evidence crucial for understanding other evidence, requiring court approval.

Question 14

Explain Section 101(1)(d) CJA 2003:

Answer 14

Evidence relevant to substantial issues, focusing on the defendant’s propensity to commit offenses of the kind charged or to be untruthful, subject to a fairness test.

Question 15

What is the case law for assessing propensity under Section 101(1)(d)?

Answer 15

R v Hanson (2005), outlining key questions to assess propensity and the defendant’s history.

Question 16

What types of convictions can show a propensity to be untruthful?

Answer 16

Convictions involving dishonesty or deceit.

Question 17

Does the fairness test apply to Section 101(1)(e)?

Answer 17

No, making it harder to exclude evidence under this gateway.

Question 18

Explain Section 101(1)(e) CJA 2003:

Answer 18

Evidence admissible if it has substantial probative value for matters between the defendant and a co-defendant, focusing on the co-defendant’s propensity to be untruthful.

Question 19

Explain Section 101(1)(f) CJA 2003:

Answer 19

Evidence admissible to correct any misleading impression given by the defendant about their character.

Question 20

Explain Section 101(1)(g) CJA 2003:

Answer 20

Allows the introduction of the defendant’s bad character if they attack another person’s character, allowing the jury to evaluate the truth of the attack.

Question 21

What are the safeguards against unfair prejudice from bad character evidence?

Answer 21

Section 101(3) prevents admission if it would adversely affect the fairness of proceedings, and Section 103(3) allows for the exclusion of previous convictions if unjust.

Question 22

What is the judge’s role in relation to bad character evidence?

Answer 22

Guide the jury to assess its weight carefully, emphasize that guilt cannot be solely based on bad character, and ensure its use to complement, not replace, weak cases.

Question 23

Which section of the CJA 2003 governs non-defendant bad character evidence?

Answer 23

Section 100

Question 24

What are the criteria for admitting non-defendant bad character evidence?

Answer 24

Important explanatory evidence, substantial probative value on a matter of importance, or agreement of parties.