3.7 Bad character introduction

Question 1

Where is “bad character” defined?

Answer 1

Section 98 Criminal Justice Act 2003

Question 2

How is “bad character” defined?

Answer 2

Section 98 Criminal Justice Act 2003
[E]vidence of, or of a disposition towards, misconduct on his part, other than evidence which—
(a)
has to do with the alleged facts of the offence with which the defendant is charged, or
(b)
is evidence of misconduct in connection with the investigation or prosecution of that offence.

Question 3

Where is “misconduct” defined?

Answer 3

Section 112(1) Criminal Justice Act 2003

Question 4

How is “misconduct” defined?

Answer 4

Section 112(1) Criminal Justice Act 2003
[T]he commission of an offence or other reprehensible behaviour.

Question 5

What does “reprehensible” mean?

Answer 5

“Reprehensible” is not defined in statute. It is generally taken to mean morally blameworthy behaviour, although general moral laxity such as having an affair would not suffice.

Gang membership or threatening behaviour towards family members would be relevant.

Question 6

Can acquittals be evidence of bad character?

Answer 6

R v Terry [2005] 2 Cr App R 7 (CA)

Yes if the prosecution contends that D in fact committed the offence.

Question 7

What form can bad character evidence take?

Answer 7

1. Previous convictions at home or abroad (except offences that are not recognised here)
2. Cautions
3. Acquittals
4. Agreed facts amounting to reprehensible behaviour
5. Witness evidence of a reputation for reprehensible behaviour

Question 8

Z [2000] 2 AC 483

Answer 8

The prosecution can use evidence from previous acquittals to contend that D was in fact guilty and that this shows a propensity to commit the offence.

Question 9

How are convictions and acquittals proved?

Answer 9

Section 73 PACE
(1)
[A certificate of convictions or acquittal from the UK or an EU Member State AND proof that the defendant is the person named in the certificate.]
(2)
The method of proving a conviction or acquittal authorised by this section shall be in addition to and not to the exclusion of any other authorised manner of proving a conviction or acquittal.

Question 10

What is the effect on a defendant of proving that she has a previous conviction?

Answer 10

Section 74(4) PACE
She is taken to have committed the offence unless the contrary is proved.

Question 11

What is the effect on a non-defendant of proving that she has a previous conviction?

Answer 11

Section 74(3) PACE
She is taken to have committed the offence unless the contrary is proved.