CHARACTER

Question 1

What is the definition of bad character according to s.98 CJA 2003?

Answer 1

Evidence of, or a disposition towards, misconduct, specifically excluding evidence related to the facts of the current offence or its investigation.

Bad character evidence is defined to ensure that only relevant misconduct is considered in legal proceedings.

Question 2

Under which sections must bad character evidence go through if it does not fall within s.98(1)(a) or (b)?

Answer 2

s.100 (if it’s about a witness/non-defendant) or s.101 (if it’s about the accused).

These sections delineate the admissibility of bad character evidence in legal contexts.

Question 3

What does s.99 CJA 2003 do regarding common law rules on bad character evidence?

Answer 3

It abolishes common law rules on the admissibility of bad character evidence as defined in s.98(1)(a)(b), but preserves common law where s.98(1)(a)(b) does not apply.

This creates a legal framework for how bad character evidence is treated in court.

Question 4

In Scenario 1, what makes a prosecution witness’s past conviction for dishonesty considered bad character?

Answer 4

It is not part of the current offence or its investigation.

This highlights how past misconduct can be classified as bad character evidence.

Question 5

What type of misconduct may be admissible after the offence according to the guidelines?

Answer 5

Misconduct that shows a continuing propensity.

This allows for the introduction of evidence that indicates ongoing behavioral patterns.

Question 6

What is required for bad character evidence to be admitted under s.100(1)(a-c)?

Answer 6

Must satisfy both the definition in s.98 and the Gateways criteria in s.100.

This ensures that only relevant and significant evidence is considered in trials.

Question 7

What does s.101 CJA 2003 outline regarding statutory gateways for the accused?

Answer 7

Conditions for admissible bad character evidence including agreement by all parties, evidence adduced by the defendant, and relevance to important matters in issue.

These conditions help to regulate the introduction of potentially prejudicial evidence.

Question 8

What is the Exclusionary Safeguard found in s.101(3) CJA 2003?

Answer 8

The court must exclude evidence if it would have an adverse effect on fairness.

This safeguard is crucial to ensure that trials are conducted fairly.

Question 9

What does the term ‘effective good character’ refer to as introduced by Hunter (2015)?

Answer 9

It applies in limited circumstances where a defendant has old, minor convictions that are not relevant to the current charge.

This concept allows for a nuanced view of a defendant’s past character.

Question 10

What is required for evidence to be considered explanatory according to the guidelines?

Answer 10

It must clarify background/context essential to understanding the case.

This emphasizes the importance of context in legal proceedings.

Question 11

What does the Hanson 3-Step Test assess regarding propensity to commit similar offences?

Answer 11

• Establish if conviction history shows propensity for the charged offence type
• Determine if this propensity makes guilt more likely
• Evaluate if relying on such convictions is unjust.

This test is used to evaluate the relevance and fairness of introducing past convictions in trials.

Question 12

What conditions must be met for previous allegations to be admissible?

Answer 12

They must be relevant to credibility and propensity, not merely to show bad character.

This ensures that allegations are used appropriately within the context of the trial.

Question 13

What does s.106(1)(a)-(c) CJA 2003 state regarding attacking another’s character?

Answer 13

The defendant is treated as attacking another’s character if they give evidence that attacks it, if their lawyer implies misconduct in cross-examination, or if they present evidence of another’s misconduct.

This provision allows for the introduction of a defendant’s bad character in response to their own claims.

Question 14

What is required for cross-admissibility of evidence in a multi-charge trial according to s.112(2) CJA 2003?

Answer 14

An application to admit by the prosecution is needed; otherwise, the accused can have that evidence deemed inadmissible.

This protects defendants from having prejudicial evidence used against them across multiple charges.

Question 15

What does s.101(1)(d) CJA 2003 allow regarding acquittals?

Answer 15

Acquittals may be admitted as evidence of misconduct if relevant to an important issue.

This provision allows for the use of past conduct even when a defendant has been acquitted.

Question 16

What is required for the admissibility of bad character evidence?

Answer 16

Must be relevant to credibility and propensity

Bad character evidence is not admissible just to show bad character or suggest guilt of an uncharged offence, unless permitted under F13.12.

Question 17

What is the procedure for applying to adduce bad character evidence?

Answer 17

Apply under r.21.3 for non-defendant; give notice under r.21.4 for defendant

The procedure applies to both Magistrates’ Court (MC) and Crown Court (CC).

Question 18

What must be stated in the application for bad character evidence?

Answer 18

State facts of misconduct, explain how facts will be proved, justify admissibility under CJA 2003

This includes mentioning evidence types, such as certificates or witness evidence.

Question 19

How can proof of convictions be established?

Answer 19

Using s.73 PACE 1984 for UK convictions or acquittals; s.7 Evidence Act 1851 for foreign convictions

Convictions can also be admitted under s.10 CJA 1967 if not disputed.

Question 20

Who decides if there is a prima facie case regarding bad character evidence?

Answer 20

The judge must decide initially; the jury ultimately decides on the identity of the individual

The judge provides an initial assessment, but the jury makes the final determination.

Question 21

What is the timing requirement for serving an application for non-defendant bad character evidence?

Answer 21

As soon as reasonably practicable; within 10 business days of prosecutor’s disclosure

This ensures all parties have sufficient time to respond.

Question 22

What must an objecting party do regarding bad character evidence?

Answer 22

Serve notice within 10 business days of application; dispute or admit facts, argue inadmissibility

This includes raising any other objections they may have.

Question 23

What are the court’s options when determining an application for bad character evidence?

Answer 23

May adjourn, vary, or discharge determination under specific acts

Relevant acts include s.8B Magistrates’ Courts Act 1980, s.9 CJA 1987, or s.31/s.40 CPIA 1996.

Question 24

What is the timeline for the prosecution to apply for bad character evidence in the Magistrates’ Court?

Answer 24

20 business days after not guilty plea

In the Crown Court, this is 10 business days.

Question 25

What must a defendant do to introduce their own bad character evidence?

Answer 25

Provide oral or written notice; must be as soon as reasonably practicable ## Footnote This must occur before the evidence is introduced.

Question 26

What is required for a judge to give a good character direction?

Answer 26

Defendant must have absolute good character; no previous convictions or misconduct ## Footnote A good character direction can be full, qualified, or no direction based on the defendant's history.

Question 27

What are the two limbs of good character assessment?

Answer 27

* Limb 1: More likely to tell the truth (credibility) * Limb 2: Lacks propensity to commit such offence (likelihood) ## Footnote These limbs help the jury assess the defendant's character in relation to the charges.

Question 28

What constitutes absolute good character?

Answer 28

No previous convictions and no other misconduct ## Footnote This is necessary for a full good character direction.

Question 29

What is a modified good character direction?

Answer 29

Effective good character with previous minor convictions or no convictions but reprehensible behavior ## Footnote Must be presented fairly to not mislead the jury regarding the defendant's character.

Question 30

What must the jury be warned about regarding bad character evidence?

Answer 30

Not to attach undue weight to bad character evidence ## Footnote They should also be cautioned against inferring guilt from past convictions.

Question 31

What can the court do regarding time limits for applications?

Answer 31

Extend or shorten any time limit; allow different forms of notice/application ## Footnote The court may dispense with notice altogether if it serves the interests of justice.

Question 32

What is the significance of judicial direction on bad character evidence?

Answer 32

Judge's direction is crucial for jury understanding; may advise on the weight of the evidence ## Footnote This is especially important if the trial context shifts after the evidence is admitted.