Admissibility of bad character evidence

Question 1

Bad character evidence is generally not admissible if it…

Answer 1

falls outside the facts of the offence

Question 2

To admit BCE that fall outside the facts of the offence, the P must rely on one of 7 gateways (s101 CJA 2003)

Name these gateways in order (a - g)

Answer 2

a. Agreement of the parties
b. Adduced by D
c. Important explanatory evidence
d. Relevant to an important matter in issue between P and D
e. Substantive probative value to an important matter in issue between co-defendants
f. Corrects a false impression made by D
g. D attacked another’s character

Question 3

A main example of the relevance to an important matter in issue ground of BCE is the __________ to do what 2 things?

Answer 3

Propensity to:
1. Commit offences of the type charged; or
2. Be untruthful

Question 4

If BCE is sought to be adduced under what 2 gateways, what happens?

Answer 4

If P adduces the BCE due to:

d. Relevant to an important matter in issue between P or D; or
g. D attacked another’s character,

then if D makes an application to exclude the BCE, the court must exclude it if its admission would have an adverse effect on the fairness of proceedings.

Question 5

If acting for the defendant, what 2 tests should you remind the court of to exclude BCE?

Answer 5

1. Mandatory ground - where P is relying on gateway d or g and D applies for it to be excluded, if the court finds it would have an adverse effect; or
2. Discretionary ground - through s78 PACE where P is looking to rely on other gateways