Character evidence Flashcards
(17 cards)
What is the general definition of bad character evidence in criminal trials?
Bad character evidence is evidence of, or evidence showing a disposition towards, misconduct unrelated to the facts of the current charge.
What kinds of behavior can be considered bad character evidence?
It includes previous convictions, but also misconduct like habitual excessive drinking, illegal drug use, or gang membership.
Why would the prosecution want to introduce bad character evidence against a defendant?
To show a pattern of behavior suggesting the defendant is likely guilty of the current offence.
Does bad character evidence include the facts of the current offence?
No; it relates to misconduct separate from the alleged facts of the offence being tried.
How many ways are there to admit a defendant’s bad character evidence under Section 101 of the Criminal Justice Act?
Seven gateways.
How many gateways are there for admitting a non-defendant’s bad character evidence under Section 100?
Three gateways.
What happens if a defendant attacks the character of another person (e.g., a victim) during trial?
The defendant loses their “shield,” allowing their own bad character (e.g., previous convictions) to be admitted as evidence.
What are the seven gateways to admit a defendant’s bad character evidence?
- Important explanatory evidence
- Relevant to an important matter between defendant and prosecution
- Substantial probative value in relation to a co-defendant
- Corrects a false impression given by the defendant
- The defendant attacks another person’s character
- The defendant agrees to its admission
- The prosecution and defense jointly agree to its admission
What are the three gateways to admit bad character evidence of someone other than the defendant?
- Important explanatory evidence
- Substantial probative value regarding an issue in the case
- Agreement of all parties
After a not guilty plea in the Magistrates’ Court, how long does the prosecution have to serve a notice to admit bad character evidence?
28 days after the defendant pleads not guilty.
After a not guilty plea in the Crown Court, how long does the prosecution have to serve a notice to admit bad character evidence?
14 days after the defendant pleads not guilty.
How long does the defendant have to object to the admission of bad character evidence after receiving the notice?
No more than 14 days after the notice is served.
If a defendant wants to stop bad character evidence from being admitted, what procedural step must they take?
They must apply to the court to oppose its admission within the required time limit.
Under what condition must the court refuse to admit bad character evidence?
If admitting the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.
What standard does the court apply when deciding whether to exclude bad character evidence?
The court assesses whether allowing the evidence would unfairly prejudice the proceedings against the defendant.
Can the court exclude bad character evidence solely because it might be prejudicial?
Yes, but only if the prejudice is so severe that it compromises the overall fairness of the trial.
What principle guides the court’s decision to exclude bad character evidence?
The protection of the defendant’s right to a fair trial.
