3.7 Good character

Question 1

What are the three types of good character that a defendant may adduce?

Answer 1

1. Good character or absolute good character
2. Effective good character
3. Positive good character

Question 2

What is absolute good character?

Answer 2

D has no criminal convictions or other evidence of reprehensible behaviour.

Question 3

What is effective good character?

Answer 3

D’s convictions are old, minor or irrelevant.

Question 4

What is positive good character?

Answer 4

D adduces evidence to demonstrate virtuous conduct, eg, volunteering for charity.

Question 5

What are the four ways in which the defendant can adduce evidence of good character?

Answer 5

1. Cross examination of a police officer to confirm no previous convictions
2. Formal admissions (s. 10 Criminal Justice Act 1967)
3. Examination in chief of the defendant
4. Calling a character witness

Question 6

When does the defence counsel ordinarily raise with the judge whether and how she should give a good character direction to the jury?

Answer 6

At the end of evidence and before closing speeches.

Question 7

When is it best to raise with the judge the possibility of a direction on effective good character?

Answer 7

Before the trial so that defence can decide whether to adduce evidence of previous convictions.

Question 8

What is the leading case regarding good character?

Answer 8

R v Hunter [2015] EWCA Crim 631

Applying Aziz and Vye.

Question 9

What is a Vye Direction?

Answer 9

R v Vye [1993] 1 W.L.R. 471
A Vye direction is a good character direction to the jury. It consists of two limbs:
1. Credibility of evidence;
2. Propensity to offend.

A partial Vye direction may be given where D has not testified or made pre-trial statements, so D’s credibility is not in issue.

Question 10

R v Hunter [2015] EWCA Crim 631

Answer 10

1. Trial judges have broad discretion in whether to give good character (“Vye”) directions unless D is of absolute good character.
2. D is only entitled to a good character direction if D is of absolute good character.
3. A partial Vye direction may be given where D has not testified or made pre-trial statements, so D’s credibility is not in issue.

Question 11

In what circumstances is a credibility direction required to be given?

Answer 11

R v Hunter [2015] EWCA Crim 631

1. Where D has given evidence, or
2. Where D has made a pre-trial statement, or
3. Where D has answered questions in police interview.

Question 12

Who decides whether good character is relevant to the offence D is charged with?

Answer 12

R v Lloyd [2002] 2 Cr App R 355

The judge.

Question 13

Who decides on the weight to be given to good character?

Answer 13

The jury.

Question 14

In what circumstances is a propensity direction required to be given?

Answer 14

R v Hunter [2015] EWCA Crim 631

In all cases in which D is of absolute good character.

Question 15

Can good or bad character by itself ever amount to a defence?

Answer 15

R v Hunter [2015] EWCA Crim 631

No.

Question 16

What character directions will the judge normally give in joint trials where one D is of absolute good character but other DD are not?

Answer 16

Good character direction for D1.
No directions for the other DD.

The other DD can seek severance to avoid prejudice but this is unlikely to be granted.

Question 17

What is a modified good character direction?

Answer 17

A partial Vye direction. Typically this means giving the propensity limb but not the credibility limb, eg, if D has not given evidence or made any statements.

Question 18

R v Nye [1982] 75 Cr App Rep 247

Answer 18

The jury must not be misled into thinking that D has no previous convictions, even if it is the case that she has no relevant previous convictions.

A modified direction as to good character can be given making clear that this is the case.

Question 19

Which statutory provision sets out the circumstances under which evidence of bad character is admissible?

Answer 19

Section 101 Criminal Justice Act 2003

Question 20

When does the trial judge have to give a bad character direction?

Answer 20

R v Hunter [2015] EWCA Crim 631

When evidence of D’s bad character has been adduced.