Crim Lit Exam

Question 1

When police officers exercise their powers what must they have to demonstrate?

Answer 1

1. They had the authority to do so; and

2. That they did so lawfully.

Question 2

What is the power to stop and search? (Definition)

Answer 2

The power to stop a person and ask what they are doing , why they are in the area and/or where they are going

Question 3

What section confers officers the power to stop and search?

Answer 3

PACE 84 s.1 (when the person being stopped is suspected of possessing stolen or prohbited articles and

Misuse of of Drugs Act 1971 s.23 (where the person being stopped is suspected of possessing illegal drugs)

They can also authorise a general power to stop and search a particular area per Criminal Justice and Public Order Act s 94. s.60

Question 4

What is the criteria for exercising stop and search powers in PACE and Misuse of Drugs Act?

Answer 4

PACE 84 s.1 and the Misuse of Drugs Act 1971 s.23 require that:

• it must be carried out by an officer of at least the rank of constable;
• in a public place; and
  the constable or other officer has reasonable grounds for suspecting that he will find stolen or prohibited articles. Whether they have reasonable grounds should be determined by using COP A 1.1 - 2.9 and in particular COP A 2.2 - 2.11

2.2 states that ‘reasonable grounds for suspicion’ is a legal test in two parts:

1. the officer must have a genuine suspicion; and
2. there must be an objective basis for that suspicion.

• officer cannot base suspicion on personal factors
• officer cannot base suspicion on generalisations or stereoptyes related to certain groups
• Suspicion should be based on intelligence or information about, or some specific behaviour by, the person concerned.
• the officer can, however, base their suspicion on the suspect’s behaviour even if no intelligence exists in limited circumstances

Question 5

What is the criteria for exercising stop and search powers in CIOPA 94 s.60?

Answer 5

To authorise a general power to stop and search in a particular area, CIOPA 94 s.60 requires that:

• Authority is granted by an office of at least the rank of inspector
• the officer reasonably believes that incidents involving serious violence may take place in any locality in his police area;
• or the police officer reasonably believes that persons are carrying dangerous weapons/instruments in any locality in his police area

Once this power has been granted, an inspector officer has already made the decision that there are reasonable grounds to stop and search. Thus, the individual constables actually carrying out the stop and search do not need to have reaonable grounds.

Question 6

What are the requirements for how the stop and search should be exercised?

Answer 6

SET OUT IN s. 1 AND 2 PACE and (in particular) COP A 3.2-3.11

• LOCATION - can only be exercised in a public
• ETIQUETTE - Stop and search must be carried out with courtesy, consideration and respect.

The police offer must also seek the cooperation of the person in every case and can only use reasonable force as a last resort and only if necessary

• CLOTHING - they have no power to require a person to remove any clothing other than an outer court, jacket or gloves
• they can only require removal of face coverings per PACE 84 s. 117

Question 7

What are the consequences of failure to comply with the requirements for how the stop and search should be exercised?

Answer 7

Breaches of these rules might lead to evidence being excluded at trial (i.e. if the evidence was found as a result of an unlawful stop and search)

Question 8

What is the legal authority for arresting a person without a warrant?

Answer 8

The power to arrest a person without a warrant is found in PACE S.24

Question 9

Where is the criteria for carrying out an arrest without a warrant found?

Answer 9

PACE s.23(1)+(4)

Question 10

What is the criteria for carrying out an arrest without a warrant?

Answer 10

Section 24 PACE sets out the criteria for arresting a person without a warrant

• the officer is at least the rank of constable
• they have reasonable grounds for suspecting that a person has committed, is committing or is about to commit an offense
• they have reasonable grounds for believing that it is necessary to arrest the person in question.

The necessary grounds are set out in PACE s.24(5)

Question 11

EXERCISE - How should an arrest be carried out?

Answer 11

Section 28 PACE provides that an arrest is not lawful unless the person being arrested is:

• informed that he is under arrest (28(1))
• told of the grounds for his arrest (28(3))
• The person being arrested must be cautioned - COP C 10.4

If necessary, an officer can use reasonable force to aid an arrest per s.117 PACE

The case of Lewis v Chief Constable of South Wales established that if an arrest is deemed unlawful as a result of a procedural irregularity (i.e. failing to causation somoene), this can be corrected at a later stage

Question 12

What is a cautioning

Answer 12

means informing them of their rights in relation to answering questions. The wording for this is found in COP G 3.5

Question 13

Lewis v Chief Constable of South Wales

Answer 13

established that if an arrest is deemed unlawful as a result of a procedural irregularity (i.e. failing to causation somoene), this can be corrected at a later stage

Question 14

wHAT IS THE PROCESS FOR DETENTION

Answer 14

When arrest suspect arrives at station he/she will be put before custody offer which will be at least of a sergeant rank (s.36 PACE)

Custody officer will decide whether he has sufficient evidence to charge the arrested person with the offense.

They can detain the arrested perosn for such period as is necessary to enbable them to decide if theres enough evidence per PACE s.37(1).

If the custody officer determines that the evidence is insufficient they must release the person unless they have reasonable grounds for believing that it is necessary to detain them without charging them

Question 15

Reviews of Detention

Answer 15

The detention of a person must be reviewed periodically by an officer who is not involved with the investigation of the case and is at least of the inspector rank.

The reviewing officer must be satisfied that the grounds for detention still exist.

• PACE s.40 sets out when the reviews take place

Question 16

How can you extend the detention period

Answer 16

A person must not be kept in police detention for more than 24 hours without bein charged per s.41 PACE.

The time starts running from the time the suspect arrives at the police station.

At the end of the 24 hours, the person must be either released or charged unless grounds exist to extend the detention period.

Under Pace s.42 a police officer ranked at least suprintendent can authorise the extension of the detention period to 36 hours after the relevant time (i.e. a further 12 hours) if:

1. The offence in question is an indictable offence
2. authority is granted by a superintendet officer; and
3. the officer that authorises the extension is satisfied that the extension is necessary bc the original grounds for detention exist and investigation is being conducted diligently.

AUTHORISATION TO EXTEND the period cannot be given before the second review has taken place

PACE s.43 and 44 allow the police under certain circumstances to apply to the magistrates’ court for another extension although under no circumstances can a a person be detained with no charge for longer than 96 hourss in total.

Magistrates can extend 2x 36 hours to a maximum of 96 hours

Question 17

How long can a person be kept in police detention for?

Answer 17

24 hours without extension

Question 18

What samples does a police officer have the power to take from a suspect?

Answer 18

non-intimate - defined in s.65 PACE -

intimate samples -defined in s.65 pACE

and fingerprints

Question 19

wHAT IS THE AUTHORITY TO TAKE NON-INTIMATE SAMPLES?

Answer 19

s. 63 pACE
- In order to take a non-intimate sample without consent from the suspect, the following must apply:

• offence must be a recordable offence
• suspect must not already have had a non-intimate sample taken in the same investigation, or if they have, it must not have been good enough for the purposes

Question 20

Authority to take intimate samples

Answer 20

s.62 PACE

Written consent from the suspect will always be required. The taking of an intimate sample must

• be authorised by an officer with at least the rank of inspector
• the officer must have reasonable grounds for suspecting that the person from whom the sample will be taken was involved in a recordable offense and that the taking of the ample is likely to confirm or disprove their involvement

Question 21

Authority to take fingerprints samples

Answer 21

s. 61 PACE

Fingerprints can be taken without the consent of the suspect.

The following must apply:

• offence must be recordable
• suspect must not already have had their fingerprints taken in the same investigation (or if they have, that sample must not have been good enough for the purpose for which it was taken).

Question 22

What is a recordable offence?

Answer 22

Recordable offences are defined and listed in COP D NFG 4A

Question 23

Whats the authority for non-intimate samples?

Answer 23

s. 63 PACE

Question 24

Whats the authority for intimate samples?

Answer 24

S. 62 PACE

Question 25

Whats the authority for fingerprint samples?

Answer 25

s. 61 PACE

Question 26

What section defines intimate, non-intimate and fingerprint samples?

Answer 26

s.65 PACE

Question 27

What are speculative searches?

Answer 27

Section 63A PACE provides that fingerprints, footwear impressions, samples (intimate and non-intimate) may be used for speculative searches

These are where forensic information obtained during an investigation is compared to the DNA material held on the database.

Question 28

Where is the definition of an interview found in?

Answer 28

COP C 11.1A

“The questioning of a person regarding their involvement or suspected involvement in a criminal offense”

Question 29

What is the definition of an interview?

Answer 29

COP C 11.1A

“The questioning of a person regarding their involvement or suspected involvement in a criminal offense”

Question 30

What are the requirements for a lawful interview?

Answer 30

1. The suspect must be cautioned prior to the interview COP C 10.1
2. 4. The interview must take place at the police station unless special circumstances exist COP C 11.1
3. The suspect must be informed of his/her right to legal advice COP C 11.2
4. The interview must be recorded COP C 11.7

Question 31

What are the rights of a detainee?

Answer 31

• right to have someone informed of his/her arrest PACE s.56
• Right to consult privately with a solicitor PACE s.58

These rights can only be denied in very limited circumstances

Question 32

What section deals with the right of a detainee to inform someone of her or her arrest?

Answer 32

PACE s.56

Question 33

What section contains the right for a detainee to consult privately with a solicitor

Answer 33

PACE s.58

Question 34

In what circumstances can you delay a detainee’s right to inform someone of their detention?

Answer 34

Right to inform another of their detention can be delayed pursuant to PACE s.56 and COP C Annex B where:

• the person is detained on suspicion of an indictable offense
• authorization for the delay is given by an officer of inspector rank
• the officer authorising the delay has reasonable grounds for believing that informing another would lead to interference with evidence, lead to physical harm to someone or hinder the recovery of property.

This right can be delayed for a maximum of 36 hours

Question 35

In what circumstances can you delay a detainee’s right to legal advice?

Answer 35

It is only the right to receive legal advice from a named solicitor that can be delayed, not the general right of legal advice.

COP 6.4 says an officer cant attempt to dissuade a detainee from obtaining legal advice

the circumsrances when u can delay are set out in PACE s.58

Question 36

What options does a suspect have when being interviewed at a police station?

Answer 36

THREE OPTIONS:

1. to answer questions
2. to remain silent
3. to hand in a prepared statement

Question 37

What is a prepared statement

Answer 37

As statement handed in before the interview that contains the suspect’s defense. the suspect will still be asked questions by the police but will remain silent, or simply reply to any questions asked.

Question 38

What are the negative consequences of remaining silent when being interviewed at the police station?

Answer 38

It can have negative consequences for their case if it progresses to trial.

The judge and jury may be allowed to draw adverse inferences from a suspect’s decision not to answer the questions.

NOTE - Adverse inferences alone can never be anough to prove a defendant’s guilt at trial

Note that R v Hoarse clarified that a defendant cannot rely solely on the fact that they were advised to remain silent by their legal advisor to justify doing so. This will not necessarily preclude the judge or jury from drawing adverse inferences

Question 39

R v Hoare

Answer 39

clarified that a defendant cannot rely solely on the fact that they were advised to remain silent by their legal advisor to justify doing so. This will not necessarily preclude the judge or jury from drawing adverse inferences

Question 40

When can a jury or judge draw adverse conferences from a suspect choosing to remain silent

Answer 40

If the following CJOPA provisions are satisfied:

1. CJOPA s. 35 - Suspect fails to mention a fact in their interview on which they later attempt to rely on
2. CJOPA s. 36 Suspect fails to explain an object, substance or mark
3. CJOPA s.37 - Suspect fails to explain their presence at the place of arrest

Question 41

What are the DEAD factors

Answer 41

The factors a solicitor should consider when advising a client on which option they should choose at a suspect’s interview

1. DISCLOSURE
2. EVIDENCE
3. ARGENT
4. DEFENCE

Question 42

DEAD Factors - Disclosure

Answer 42

• no general police duty to disclose to the suspect the nature and extent of evidence that exists to the case.
• only rights the suspects solicitor has are
  (a) the right to see the custody record COP C 2.4; and
  (b) the right to receive a copy of the suspect’s description if such was given by a witness COP D 3.2

However, police will typically inform the suspect/solicitor of the background to the offence and the facts on which the police have based their suspiscion that the suspect is involved in the offence

The solicitor must therefore firest decide whether they think there is enough info thats been disclosed to justify the suspect answering questions. If there isnt enogu hevidence to properly advis the client, the case of R v Roble states that it is not appropriate for a court to draw inferences pursuant to CIOPA s. 34.

In such situations, it is therefore appropriate to advise the client to remain silent to avoid risk of incriminating themselves

Question 43

R v Roble

Answer 43

DEAD FACTORS

it is not appropriate for a court to draw adverse inferences pursuance to CKOPA s.34 if the client remains silent

Question 44

What are the relevant sections for Detention

Answer 44

PACE

s. 37
s. 40
s. 41
s. 42
s. 43
s. 44

Question 45

DEAD FACTORS - EVIDENCE

Answer 45

• Solicitor should consider which elements make up the criminal offense that the suspect has been detained for (MENS REA AND ACTUS REA) and determine whether enough evidence exists to indicate that those elements exist.

When answering a question about dead factors

1. state which evidence exists and
2. assess the strength of it and
3. Is any evidence lacking (if so, allude to the type of additional evidence would be necessary to establish the offence)

If the evidence is not extensive or conclusive, advise the client to remain silent

R v Howell - clarified that where the victim has nto provided a witness statement, this doesnt automatically provide a good reason for advising client to remain silent

Question 46

R v Howell -

Answer 46

DEAD FACTORS - EVIDENCE

clarified that where the victim has nto provided a witness statement, this doesnt automatically provide a good reason for advising client to remain silent

Question 47

DEAD FACTORS - ARGENT

Answer 47

If certain circumstances exist or the suspect has certaub attributes, adverse infereces cannot be drawn from the suspects silence.

R v Argent established this.

This can include if the suspect is ill, not sober, a child, elderly or not fully aware

The suspect should in these cases be advised to remain silent

Question 48

DEAD FACTORS - DEFENCE

Answer 48

Consider suspects defence and whetier it can be proven.

If the suspect has a strong defence, it may be best to advise the suspect to answer the questions only for the purpose of putting foward their defence (provided that the argent factors dont apply)

Question 49

What are the advantages of ANSWERING QUESTIONS at the interview stage?

Answer 49

1. Avoids the risk of adverse inferences being drawn
2. If they plan on admitting anything its best to answer at this tage as it can have a positive impact at the sentencing stage.
3. If the suspect has a legitimate defence or alibi that completley undermines the prosectuions case, it may be better to provide such explanation at an earlier stage to avoid unnecessrary detention

Question 50

What are the disadvantages of ANSWERING QUESTIONS at the interview stage?

Answer 50

1. The suspect may incriminate themselves by inadvertently providing police with new info or evidence. Anything they say can be used against them at trial.
2. Suspect may become nervous and accidentally provide a poor, incorrect or ambiguous account of the event

Question 51

What are the advantages of REMAINING SILENT

Answer 51

1. Can control the content and the extent of information they provide to the policy, thereby avoiding the risk of the suspect incriminating himself
2. Suitable where the police lack enough evidence to prosecute the suspect or where theres not been enough info disclosed

Question 52

What are the disadvantages of REMAINING SILENT

Answer 52

1. There is a risk of adverse inferences being drawn from the suspect’s silence if the case progress to trial. This can negatively affect the suspect’s case

Question 53

What are the advantages of handing in a PREPARED STATEMENT

Answer 53

• suitable where the suspect is vulnerable but wishes to put forward a defence
• doing so allows the suspect to raise a defence, whilst also controlling the content and extent of info provieded

Question 54

What are the disadvantages of handing in a PREPARED STATEMENT

Answer 54

averse inferences cn be drawn nwhere a prepared statement is given unless the suspect maintains the account given in their prepared statement shoud the case proveed to trial

r V kNIGHT

Question 55

Where is a general right to bail

Answer 55

s.4 Bail Act and European convention on human rights article 5(4)

Question 56

BAIL

Answer 56

1. General rule
   - s.4 Bail Act and European convention on human rights article 5(4) establishes defendant’s right to bail until they are convicted
2. exceptions to general rule

BA Part 1, paragraph 2(1) outlines the exceptions. Beel doesnt need to be granted if there are SUBSTANTIAL GROUNDS for thinking the defndant if released would

a. fail to surrender to custody
b. commit an offence while on bail
c. interefere with witnesses or obstruct course of justice.

3. meaning of SUBSTANTIAL GROUNDS BA 76 SCHEDULE 1 PART 1, PARA 9
   - court must take into account th factors set out below when considering the substantial grounds

• nature and seriousness of offence
• character, atecedents , community ties
• defendants record when fulfilgillng obligations on previous bail
• strength of evidence against defendant

4. CONDITIONS

• s.3 bail act allows for conditions for bail even if granted
• surrender passport
• report to police stationat regult intervals
• have another person act as surrety
• live at specified address
• curfew
• refrain from contting indiivudals

5. ABSCONDMENT
   - s6(1) BA and s6(2)

Question 57

ALLOCATION - where does it take place

Answer 57

Allocation always takes place in magistrates

Question 58

summary only offence

Answer 58

offcens that can be only dealt with in magistrates court

Question 59

either way offences

Answer 59

offences that can be dealt with in both magistrates and crown

• a decision must be made as to which court will hear the case

Question 60

indictable offences

Answer 60

offences that can only be dealt with in crown court

Question 61

What is a plea before venue

Answer 61

a preliminary hearing (magistrates) where the defendant indicates whether they intend to plead guilty or not guilty. This is fhr first step in the allocation procedure.

Question 62

ALLOCATION PROCEDURE - EXPLAIN

Answer 62

1. Plea Before Hearing (magistrates) - where the defendant indicates whether they intend to plead guilty or not guilty

Magistrtes Court 1980 s.17A sets out the procedure of plea before venue

If the defendant pleads guilty - the court will proceed immediately to sentencing

If the defendant pleads not guilty - court will proceed to allocation

2. COURT ALLOCATION- Second step.

MCA s.19 - The court must decide whether the offence is more suitable for summary trial or for trial on indictment using the factors set out in MCA s.19(3). The court shall consider

a. The adequacy of the sentences that a magistrates

Question 63

Court Allocation (second step)

Answer 63

MCA s.19 governs the second step in the allocation procedure.

The court must decide whether the offence is more suitable for a summary trial or for trial on indictment using the factors set out in s.19

The court shall consider

1. THE ADEQUACY OF THE SENTENCES THAT A MAGISTRATES’ CIURT HAS THE POWER TO IMPOSE
   - when considering the adequacy of the courts power for an offence, you should assess the SENTENCING GUIDELINES for that offence and any aggravation or mitigating factors.
2. ANY REPRESENTATIONS MADE BY THE PROSECUTION OR THE DEFENCE
   - both parties will make rerpesentations as to whether a summary or indictment trial is more appropriate

The court will also consider the allocation guidelines published by the sentencing council. these guidelines emphasise that either or offences should be tried summarily unless the defendant would likely deservea sentence that is in excess of the magistrates’ court’s powers

• if the magistrates court accepts jurisdiction, the defendant candecide if they want to be tried in crown or magistrates.

if magistrates rejects jurisdiction, itll be sent to th rown court.

Question 64

ALLOCATION IF THE DEFENDANT CAN CHOOSE WHAT FACTORS SHOULD THEY CONSIDER

Answer 64

1. Costs - lower and fewer costs in magistrates
2. Sentencing Power - Magistrates has weaker sentencing power but can commit case to crown court for sentencng
3. Evidence / Voir Dire - Voir Dire is the power where the jury s asked to leave the room when judge considers the admissibility of evidence.

In a magistrates court, the magistrates will hear the evidence and then decide whether it is admissable –> harder to avoid being prejudiced

Crown court more suitable if defendant has made app to exclude evidence and app has not yet been settled.

4. Acquittal Rate - crown court has higher acquittal rate
5. Time - Trials in magistrates court are less time consuming
6. Jury - unlike in crown, defendant can avoid a trial by jry in magistates. useful if defendant is a company has juries historicallyl treat companies more suspisciously
7. Publicity - cases in magistrates court typically attract less publicity

Question 65

For evidence to be admissible it must be what

Answer 65

1. Relevant to the case
2. Based on facts (unless its an expert opinion)
3. Not excluded by an application

Question 66

Process for determining whether evidence is admissible in magistrates

Answer 66

• application to exclude takes Ave in front of the magistrates and if decided its inadmissible the magistrates must put it out of their mind when deciding the defendants guilt.

Can lead to bias permeating the mind

Question 67

Whag is the process for determining admissibility of evidence in Crown Court

Answer 67

Done by way of voir dire where the jury is sent out of the room while the judge decides on the question of whether its admissible

Question 68

What’s the general rule regsrsing evidence

Answer 68

All evidence is admissible a along as it relates tot he case

Question 69

How can you exclude a confession

Answer 69

You can excludd a confession pursuant to section 76 PACE.

The starting point is that all confessions are admissible but they can be excluded in some circumstances

1. OPPRESSION - s. 76(2)(a) if the defendant confessed as a result of oppression from a third party. What includes oppresion is set out under pace a. 76(8)
2. UNRELIABILITY - pace s.76(2)(b) - anything said or done which was likely in the circumstances at the time, to render the confession unreliable. This can include a breach of PACE by an officer when he confession was made

There is a CAUSAL link requirement for both oppression and unreliability. The oppression or the thing said or done MUST HAVE Caused the confession to be made.

The most important thing when determining the causal link if time - the confession must immediately follow from the oppression or thing said or done.

If the defence raises either of these as a ground for excluding evidence, the burden is on the prosecution to prove beyond a reasonable doubt that it was not obtained as a result of such. If the prosecution is unable to do so, the court must tile the confession inadmissible

Question 70

What section deals with exclusion of confessions

Answer 70

PACE S. 76

Question 71

What section sets out the definition of a Confession

Answer 71

PACE S.82(1)

Question 72

EVIDECE EXCLUSION UNDER PACE 84. s78

Answer 72

s.78 applies to ALL types of evidence. THIS ONE IS DISCRETIONARY WHEREAS S.76 IS NOT.

states that evidence can be inadmissible if it appears that the admission of such evidence would result in such an advers effect on the fairness of the proceedings that the court ought not to admit it

Such circumstances include for instance that the evidence was obtained illegally, impropelt or unfairly (i.e. in breach of pace or cop)

• however, cause of R v Walsh clarified that for evidence to be inadmissible pursuant to s.78 the breach of COP or pACE must be significant.

Question 73

What case applies to s.78 PACE

Answer 73

R v Walsh

Question 74

R V WALSH

Answer 74

R v Walsh clarified that for evidence to be inadmissible pursuant to s.78 the breach of COP or pACE must be significant.

Question 75

WHAT IS IDENTIFICATION EVIDENCE

Answer 75

Evidence given by a witness relating to the identity of the defendant. This could be for instance, an eyewitness account to photogenic evidence.

Question 76

When are the TURNBULL FACTORS USED

Answer 76

USED WHERE

(1) the defendant is disputing the identification evidence; and
(2) there is little or no other evidence to be put before the court that implicates that defendant

The juge must establish that allowing the identification evidence to be put before the jury would not result in an unsafe conviction.

Question 77

what can you use to dispute identification evidence?

Answer 77

TURNBULL FACTORS

Question 78

WHAT ARE THE TURNBULl FACTORS

Answer 78

The juge must establish that allowing the identification evidence to be put before the jury would not result in an unsafe conviction.

When doing so, the judge will be guided by the factors set out in R v TURNBULL

1. Amount of time under observation - for how long did the witness have the defendant in view?
2. Distance - How far away was the witness from the defendant?
3. VISIBILITY - what was the visibility like at the scene?
4. Obstruction - did anything obstruct the witness’ vision
5. Known to the witness - had the witness seen the witness before? if the witness knew the defendant this could suggest the witness was more likely to have been accurate in their identification
6. Any reason to remember- were there any special reasons to remember the individual i.e. tattoos
7. Time lapse - how much time lapsed between the witness initially seeing the individual and the witness identifying them. the greater the lapse of time, the less reliable.
8. ERRORS - are there any discrepancies or errors between the witneess description and the individual’s actual appearence

Question 79

What are some non custodial sentences

Answer 79

1. Fines - imposed in accordance with a 3 stage process set out in CJA s. 164
2. Community orders - (I.e. Ordered to do unpaid work) s. 177 CJA contains a list of possible ones
3. Absolute or conditional discharge - Powers of the criminal court sentencing act S. 12

Question 80

FINES

Answer 80

Non-custofial sentence dealt with in s. 164 of CJA 03

Question 81

What is character evidence

Answer 81

evidence relaring to the character or disposition of a defendant for the purpose of proving that they are likely to have acted in a particular way

Question 82

GOOD CHARACTER

Answer 82

Defencant can adduce good character evidence by calling witnesses to testify.

When good character has been presented, the judge must make a VYE direction which involves the judge

• telling the jury that the defendant’s good character means its less likely that they committed the offence and
• telling jury that the defendant’s good character is relevant to their credibility as a witness

Question 83

HOW DO YOU DETERMINE WHETHER BAD CHARACTER EVIDENCE CAN BE ADDUCED

Answer 83

1. Definition of bad character - CJA 2003 s.98 and CJA S.112
2. gENERAUL rULE - S.101 CJA 101 sets out general rule that evidence of a defendant’ bad character is inadmissible except where one of the gateways containe din CJA s.101(1) apply

GATEWAY D - CJA 103(1)(D)

Bad character evidence can be adduced if it is relevant to an important “matter in issue” between the defendant and the prosecution. The main mattr in issue is whether the defendant committed the crime.

A. Likelihood of whether the defendant committed the crime - when assising this, the court can consider the defendant’s previous convictions for offences OF THE SAME KIND as the offence with which theyve been charged with per CJA 103(1)(A).

S.103(2) CLARIFIES tht an occnce of the same kind means an offence

I. OF THE SAME DESCRIPTION AS THE OFFENCE WITH WHICH THE DEFENDANT HAS BEEN CHARGED