Character Evidence

Question 1

When should an application to adduce bad character of a non defendant be made?

Answer 1

As soon as is practicable and not more than 10 business days after the prosecutor discloses material on which the application is based

Question 2

When should an objection to a bad character application about a non-defendant be made?

Answer 2

Not more than 10 business days after service of the application

Question 3

When must an application to adduce the bad character of the defendant be made if made by prosecution?

Answer 3

not more than 20 business days after D pleads not guilty in mags

not more than 10 business days if D pleads NG in crown court

Question 4

When must an application to adduce the bad character of the defendant be made if made by co-accused?

Answer 4

Not more than 10 business days after the prosecutor discloses the information on which it is based

Question 5

Can the accused waive their entitlement to notice?

Answer 5

Yes

Question 6

Can the court vary the procedure for the giving of notice?

Answer 6

Yes, where in the interests of justice to do so

Question 7

What must the court do when it decides whether or not to admit character evidence?

Answer 7

Give reasons for its decision

Question 8

What is the definition of bad character evidence?

Answer 8

Evidence of, or evidence of a disposition toward, misconduct other than that which has to do with the alleged offence or to do with the investigation of that offence

Question 9

What does misconduct in this case mean?

Answer 9

The commission of an offence, or other reprehensible behaviour

Question 10

What should P do if there is a risk of bad character being implied?

Answer 10

Make a s.101 application

Question 11

When can the misconduct have happened?

Answer 11

It can have occurred before or after the offence being prosecuted.

Weight is then a question for the tribunal of fact

Question 12

If the bad character evidence is previous convictions, what must be given?

Answer 12

details of the offences

Question 13

What must the prosecution do if there are multiple charges on the indictment as far as bad character goes?

Answer 13

Bad character must be admissible through one of the gateways for each offence.

If it is not, it should not be adduced

Question 14

What does reprehensible mean?

Answer 14

Some form of culpability of blameworthiness

Question 15

What does s.100 CJA govern?

Answer 15

Admissibility of bad character evidence of someone other than the accused

Question 16

What are the criteria for admissibility under s.100 for non-defendant’s bad character?

Answer 16

It must :

a) be important explanatory evidence
b) have important probative value in relation to a matter which:
(i) is in issue in the proceedings and
(ii) is of substantial importance in the context of the case as a whole or
c) all parties agree to the evidence being admissible

Question 17

What is important explanatory evidence for the purposes of s.100?

Answer 17

If without it the jury would find it difficult or impossible to understand other evidence and its value for the case as a whole is substantial

Question 18

who does s.100 apply to?

Answer 18

Everyone apart from the accused

i.e. it can be the deceased in a murder trial

Question 19

If the principles of s.100 are met, does the court have to admit the evidence?

Answer 19

yes

Question 20

Who does s.101 CJA apply to?

Answer 20

The accused and their bad character

Question 21

When is bad character admissible under s.101?

Answer 21

When:
a) all parties agree
b) the evidence is adduced by D themselves or is gien in an answer in cross
c) it is important explanatory evidence
d) it is relevant to an important matter in issue between the defendant and co-defendant
e) it has substantial probative value in relation to an important matter in issue between D and P
f) it is evidence to correct a false impression given by D
g) D has made an attack on another character

Question 22

Which gateways have an additional fairness test?

Answer 22

(d) - relevant to an important matter in issue between P and D

(g) D has made an attack on another’s character

Question 23

What is the test that should be applied under s.101(1)(d) - the important matter in issue gateway?

Answer 23

Hanson test

Does the history of convictions establish a propensity to commit offences of the kind charged?

If so, does the propensity make it more likely that D committed the crime charged

It only applies to prosecution evidence

Question 24

What evidence does s.101(1)(e) apply to - substantial probative value gateway?

Answer 24

Evidence provided by a co-defendant or by a witness in cross.

Must be of substantial probative value.

Question 25

When is D responsible for an assertion which can justify adducing evidence to correct it?

Answer 25

It must be made by them: in proceedings while being questioned under caution on being charged or was made by a witness called by D or was made by a witness under cross by D Or was made out of court and D adduces it in proceedings

Question 26

Can D withdraw an assertion to prevent the bad character evidence?

Answer 26

yes

Question 27

What evidence is permissible under s.101(1)(f) - correcting a false impression?

Answer 27

P evidence which goes no further than correcting false impression

Question 28

Does D have to actually say anything to generate the false impression?

Answer 28

No - can be conduct

Question 29

What is a vital part of the judges role in admitting bad character?

Answer 29

The direction given to the jury

Question 30

Is good character of D admissible?

Answer 30

Yes especially as it goes to propensity

Question 31

Is good character of other people admissible?

Answer 31

Yes - if it is directly relevant to an issue

Question 32

When will the judge give a good character direction?

Answer 32

It is about the accused It must be more than a lack of bad character, it must be absolute or effective good character

Question 33

What is absolute good character?

Answer 33

No previous convictions or other reprehensible conduct is alleged, admitted or proven

Question 34

What is effective good character?

Answer 34

May be some evidence of previous convictions, but the judge is tasked with deciding if they are sufficiently old, minor or irrelevant for D to be treated as having good character

Question 35

What is the good character direction?

Answer 35

Has two limbs - credibility and propensity One or both can be given, depending on the facts of the good character