Criminal - Application to Adduce Bad Character

Question 1

What is the statutory authority for adducing bad character?

Answer 1

S110 Criminal Justice Act 2003.

Question 2

What are the 7 relevant grounds in respect of adducing bad character?

Answer 2

1) All parties agree to the evidence being admissible;

2) The evidence is adduced by the Defendant in their own evidence or in cross-examination;

3) It is important explanatory evidence;

4) It is relevant as an important matter of issue between the Defendant and the prosecution;

5) It has substantial probative value in relation to an important matter of issue between a Defendant and Co-Defendant;

6) It is evidence to correct a false impression given by the Defendant;

7) The Defendant has made an attack on another person’s character.

Question 3

When must an attack on another’s character have been made?

Answer 3

Any time from arrest.