Evidence: Character Flashcards
What are sources of bad character evidence?
- 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
What is outside the scope of bad character evidence?
Alleged facts of offence
in connection with investigation/prosecution
What are the section 101 gateways for bad character applications against a defendant?
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
What is evidence under s101(1)(d) relevant to?
an important matter in issue between the defendant and the prosecution
What are considered important matters for s101(1)(D)
- D has propensity to commit offences of the kind charged
- D has propensity to be untruthful
What are considered offences of the kind charged for s101(1)(d)?
same description
same category
When can pre-cons be used as evidence to show untruthfulness?
- plea of not guilty
- way offence committed involved untruthfulness
When will evidence under s101(1)(d) not be admitted?
- unjust due to length of time
- unfairness on proceedings
When is evidence of untruthfulness admissible under s101(1)(e)?
a) Is to be/has been adduced by Co-D or
b) Witness in cross examination by Co-D
What assertions are relevant to s101(1)(f)?
- 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
When will s101(1)(f) not be applicable?
D withdraws/disassociates himself
How may D make a false impression impliedly?
Conduct can be treated as making assertion, includes appearance or dress.
what is considered an attack on another’s character for s101(1)(g)?
Suggests other person
* Committed an offence
* Has behaved in a reprehensible way
What gateways for defendant’s bad character do not require leave?
- parties agree
- evidence adduced by D
What evidence of bad character is admissible for non defendants?
- important explanatory evidence
- substantial probative value relating to matter in issue and context of case
- all parties agree admissible
What gateways for non defendant’s bad character do not require leave?
Parties agree
Who can bring a bad character application against a non-defendant?
any party
What should the court have regard to for evidence of bad character where it has substantial probate value for non-defendants?
- 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
What are the exclusions and safeguards on bad character evidence?
- 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
When will excluding evidence for having an adverse effect on proceedings not apply?
Where one defendant seeks to adduce evidence against another defendant
What can be used to prove a past conviction or acquittal where it is in dispute?
Certificate of conviction
When must prosecution give notice of bad character evidence in the magistrates court?
no more than 20 business days after D pleads not guilty
When must prosecution give notice of bad character evidence in the crown court?
no more than 10 business days after D pleads not guilty
When must a co defendant give notice of bad character evidence?
As soon as reasonably practicable but not more than 10 business days after P discloses material which notice is based
When must a defendant serve a response to a notice of bad character evidence?
No more than 10 business days after service of notice
What must notice of bad character evidence include?
- 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.
When must an application be made for bad character evidence against a non defendant?
As soon as reasonably practicable but not more than 10 business days after P discloses material which application is based
