W6 Flashcards
What is the definition of ‘bad character’ in relation to a defendant or non-defendant?
In the context of evidence, ‘bad character’ refers to evidence of, or a disposition towards, misconduct on the part of a person, excluding evidence related to the alleged facts of the offense or misconduct in connection with the investigation or prosecution of that offense
How is ‘misconduct’ defined in relation to ‘bad character’?
‘Misconduct’ is defined as the commission of an offense or other reprehensible behavior. The term ‘reprehensible behavior’ is not further defined in the Act, but it connotes some degree of moral blameworthiness.
What are the gateways for admitting bad character evidence?
The gateways for admitting bad character evidence depend on whether it is for a defendant or non-defendant. For non-defendants, conduct related to the alleged facts of the offense or committed in connection with the investigation or prosecution of that offense is admissible without going through a gateway. For defendants, the gateways include agreement, the defendant choosing to adduce evidence, important explanatory evidence, relevance to an important matter between the defendant and the prosecution, correcting a false impression, and attacking another person’s character.
What are some sources of bad character evidence?
Bad character evidence can be shown through previous convictions in the UK or in a foreign court where the offenses have a domestic equivalent. It can also be shown through cautions, acquittals where the prosecution contends that the defendant was guilty, agreed facts that amount to reprehensible behavior, witness evidence of a reputation for reprehensible behavior, and evidence of previous acquittals and convictions.
Under what circumstances can evidence of previous convictions be used to establish propensity?
Evidence of previous convictions can be used to establish propensity if the previous convictions are of the same description or category as the offense charged. However, the court has the discretion to exclude such evidence if it would be unjust to rely on it, considering factors such as the length of time since the conviction or any other relevant reasons.
What is the purpose of the gateway for admitting evidence of defendant’s bad character through agreement?
The gateway for admitting evidence of a defendant’s bad character through agreement allows all parties to the proceedings to agree to the evidence being admissible. There are no formal requirements as to the recording of the agreement or how it is reached, and a tacit agreement is sufficient.
When can a defendant adduce evidence of their own bad character?
A defendant can adduce evidence of their own bad character if it is relevant to an important matter in issue between the defendant and the prosecution. This can include situations where the defendant wants to come clean about an old conviction to receive a modified good character direction or to show that they have never been convicted of an offense of the same type as the one they are currently charged with.
What is ‘important explanatory evidence’ in relation to the gateway for admitting bad character evidence?
‘Important explanatory evidence’ is evidence that, without it, the court or jury would find it impossible or difficult to properly understand other evidence in the case, and its value for understanding the case as a whole is substantial. This gateway allows the prosecution to adduce evidence of past misconduct of the defendant when it is needed to explain the prosecution’s case in the current trial.
What is the meaning of ‘relevant to an important matter in issue between the defendant and the prosecution’ in the gateway for admitting bad character evidence?
In this context, ‘relevant to an important matter in issue between the defendant and the prosecution’ means that the evidence is connected to a matter of substantial importance in the context of the case as a whole. It includes questions about the defendant’s propensity to commit offenses of the kind with which they are charged, except where their propensity does not make it more likely that they are guilty of the offense.
What is the purpose of the gateway for admitting evidence of defendant’s bad character through attacking another person’s character?
The gateway for admitting evidence of a defendant’s bad character through attacking another person’s character allows the defense to introduce evidence of the other person’s bad character. This can be relevant to an important matter in issue between the defendant and the prosecution, and the defense does not require leave of the court to adduce such evidence.
What are the conditions for establishing a defendant’s propensity to commit offenses of the kind charged?
To establish a defendant’s propensity to commit offenses of the kind charged, evidence of previous convictions for offenses of the same description or category as the offense charged can be used. However, the court has the discretion to exclude such evidence if it would be unjust to rely on it, considering factors such as the length of time since the conviction or any other relevant reasons.
What is the role of the court in admitting bad character evidence?
The court must not admit bad character evidence if, on an application by the defendant to exclude it, it appears that the admission of the evidence would have such an adverse effect on the fairness of the proceedings that it should not be admitted. The court has the discretion to exclude evidence if it would be unjust or unfair to rely on it.
What is cross-admissibility in relation to multiple charges in the same proceedings?
Cross-admissibility refers to the application of bad character provisions as if each offense were charged in separate proceedings. It allows evidence of one offense to be admissible as evidence of the other offense.
What is the purpose of a gateway in cross-admissibility?
A gateway is required to allow cross-admissibility of evidence of one offense as evidence of the other. The most likely gateway to fulfill this function is section 101(1)(d).
Can evidence from one offense be used as evidence against the defendant for another offense?
Evidence from one offense is only evidence that the defendant committed offenses against the person providing the evidence, unless it is admissible through gateway (d) to show a propensity to commit offenses of the kind alleged. In that case, it can also be evidence against the defendant when considering allegations made by another person.
