Evidence: Character

Question 1

What are sources of bad character evidence?

Answer 1

• Pre-cons in UK
• Pre-cons in foreign courts with UK equivalent
• Cautions
• Acquittals where P contends D guilty
• Agreed facts amounting to reprehensible behaviour
• Witness evidence of a reputation for reprehensible behaviour

Question 2

What is outside the scope of bad character evidence?

Answer 2

Alleged facts of offence
in connection with investigation/prosecution

Question 3

What are the section 101 gateways for bad character applications against a defendant?

Answer 3

101(1)(a) agreement
101(a)(b) blurts it out
101(1)(c) context
101(1)(d) done before
101(1)(e) He did it
101(1)(f) false imprisonment
101(1)(g) gets at witness

Question 4

What is evidence under s101(1)(d) relevant to?

Answer 4

an important matter in issue between the defendant and the prosecution

Question 5

What are considered important matters for s101(1)(D)

Answer 5

• D has propensity to commit offences of the kind charged
• D has propensity to be untruthful

Question 6

What are considered offences of the kind charged for s101(1)(d)?

Answer 6

same description
same category

Question 7

When can pre-cons be used as evidence to show untruthfulness?

Answer 7

• plea of not guilty
• way offence committed involved untruthfulness

Question 8

When will evidence under s101(1)(d) not be admitted?

Answer 8

• unjust due to length of time
• unfairness on proceedings

Question 9

When is evidence of untruthfulness admissible under s101(1)(e)?

Answer 9

a) Is to be/has been adduced by Co-D or
b) Witness in cross examination by Co-D

Question 10

What assertions are relevant to s101(1)(f)?

Answer 10

• Assertion made by D in proceedings
• Assertion made by D
  o Being questioned under caution before charge about offence
  o On being charged with offence/officially informed might be prosecuted
• Assertion made by D’s witness
• Assertion made by witness being cross examined by D
• Assertion made by person out of court and D adduces evidence in proceedings

Question 11

When will s101(1)(f) not be applicable?

Answer 11

D withdraws/disassociates himself

Question 12

How may D make a false impression impliedly?

Answer 12

Conduct can be treated as making assertion, includes appearance or dress.

Question 13

what is considered an attack on another’s character for s101(1)(g)?

Answer 13

Suggests other person
* Committed an offence
* Has behaved in a reprehensible way

Question 14

What gateways for defendant’s bad character do not require leave?

Answer 14

• parties agree
• evidence adduced by D

Question 15

What evidence of bad character is admissible for non defendants?

Answer 15

• important explanatory evidence
• substantial probative value relating to matter in issue and context of case
• all parties agree admissible

Question 16

What gateways for non defendant’s bad character do not require leave?

Answer 16

Parties agree

Question 17

Who can bring a bad character application against a non-defendant?

Answer 17

any party

Question 18

What should the court have regard to for evidence of bad character where it has substantial probate value for non-defendants?

Answer 18

• nature and number
• when they happened
• where relating to misconduct and similarity with other misconduct, nature and extent of similarity
• where evidence of misconduct and suggested they are responsible/identity of person responsible for misconduct disputed, extent that evidence shows same person responsible

Question 19

What are the exclusions and safeguards on bad character evidence?

Answer 19

• s78 PACE: Judge can exclude evidence if adverse effect on fairness of proceedings
• s101(3) CJA: Judge must excluded evidence where adverse effect on fairness of proceedings
• Unjust to admit evidence of commission of same offence due to time elapsed
• Court discretion to stop case where P case closes and BC evidence is contaminated and would cause unsafe conviction
• Court must give reasons in open court for any ruling on BC

Question 20

When will excluding evidence for having an adverse effect on proceedings not apply?

Answer 20

Where one defendant seeks to adduce evidence against another defendant

Question 21

What can be used to prove a past conviction or acquittal where it is in dispute?

Answer 21

Certificate of conviction

Question 22

When must prosecution give notice of bad character evidence in the magistrates court?

Answer 22

no more than 20 business days after D pleads not guilty

Question 23

When must prosecution give notice of bad character evidence in the crown court?

Answer 23

no more than 10 business days after D pleads not guilty

Question 24

When must a co defendant give notice of bad character evidence?

Answer 24

As soon as reasonably practicable but not more than 10 business days after P discloses material which notice is based

Question 25

When must a defendant serve a response to a notice of bad character evidence?

Answer 25

No more than 10 business days after service of notice

Question 26

What must notice of bad character evidence include?

Answer 26

• Set out the facts of the misconduct on which that party relies;
• Explain how that party will prove those facts if another party disputes them; and
• Explain why the evidence is admissible.

Question 27

When must an application be made for bad character evidence against a non defendant?

Answer 27

As soon as reasonably practicable but not more than 10 business days after P discloses material which application is based