Bad character evidence - admitting + excluding

Question 1

what is the procedure for admitting bad character evidence (inc. time limits)?

Answer 1

Must f&s notice of intention + pre-cons they seek to rely on:
o P  MC = 14 days | CC = 28 days after D pleads NG
o Co-D = as soon as reasonably practicable + not more than 14 days after P discloses material
o D = as soon as reasonably practicable

Question 2

in relation to the s101 gateways, what powers does the court have to exclude the evidence under CJA 2003?

Answer 2

• A, B, C, E & F  evidence automatically admissible. No power to exclude under CJA
• D & G  court does have power under CJA 2003 to exclude. The court must exclude if would have an adverse effect on the proceedings and ought not to admit it. Court must have regard to time elapsed since evidence.

Question 3

what if D opposes the introduction of bad character evidence, what must they do?

Answer 3

f&s an application within 14 days of service of the notice

Question 4

when might the court exclude bad character evidence?

Answer 4

 Jury may convict on pre-cons alone
 Evidence adduced to support weak case
 Pre-cons are ‘spent’

Question 5

what is the position regarding s78 PACE and the gateways?

Answer 5

the court can still use the general power under s78 to exclude P evidence which would have an adverse affect on the proceedings in relation to any of the s.101 & s.100 gateways (apart from gateway E as this is not P evidence)

Question 6

when will a pre-con be spent?

Answer 6

Fine/community order: 1yr

Custodial:
o 6m = 2 yrs
o 6-30m = 4 yrs
o 30m-4yrs = 7 years
o 4yrs+ = never spent