Bad character evidence - another

Question 1

what is the legislative provision re: bad character evidence of another?

Answer 1

s.100(1)(a)-(c) Criminal Justice Act 2003

Question 2

is the court’s permission required to adduce evidence of bad character of another?

Answer 2

Court’s permission to adduce evidence required unless relying on (1)(c)

Question 3

on what grounds can bad character evidence be admissible?

Answer 3

(1)(a) It is important explanatory evidence;

(1)(b) It has substantive probative value in relation to a matter in issue and is of substantial importance to the case as a whole; or

(1)(c) All parties agree the evidence is admissible

Question 4

re: gateway 100(1)(a) CJA 2003

when will evidence be ‘important explanatory evidence’?

Answer 4

if it would be difficult to understand the evidence without it + it has substantial value for understanding the case as a whole

Question 5

re: gateway 100(1)(b) CJA 2003

what must the court have regard to when assessing the probative value of the evidence?

Answer 5

 Nature + number of events/things the evidence related to
 When these events/things took place
 Where the evidence is of a person’s misconduct + it is argued this is similar to the misconduct in question  the similarities and differences between the misconduct
 Where the evidence is of a person’s misconduct + it is alleged they committed the current offence + they dispute this  the extent to which the evidence suggests they were responsible for both events

Question 6

re: gateway 100(1)(b) CJA 2003

what is meant by ‘substantial importance to the case as a whole’?

Answer 6

important to understand the entire case