Character evidence Flashcards
(15 cards)
misconduct
the commission of an offence or other reprehensible behaviour
‘Reprehensible’ connotes some degree of
moral blameworthiness
the double jeopardy rule
a legal principle that prohibits a person from being tried twice for the same offence after either an acquittal or a conviction
If a defendant tells a demonstrable lie during interview, subject to relevance, that is not a matter which would require the prosecution to make a
bad character application by virtue of s 98(b)
Evidence of bad character is admissible if
it falls within one of the gateways set out in s.101(1)(a–g) Criminal Justice Act (CJA) 2003
Previous convictions required to establish a propensity to commit offences of the kind charged
no minimum number of previous convictions required to establish a propensity
In R v Hanson, the court held that a propensity to be untruthful is not the same as a
propensity to be dishonest
Who determines whether evidence is capable of establishing a propensity?
the judge
If evidence is admitted to show propensity, it is a matter for the jury
whether it does actually show the propensity that is asserted
The jury must be warned not to place too much reliance on
bad character evidence
The significance of bad character evidence should be assessed in the light of
all the evidence in the case
Whether the misconduct of a non-defendant has substantial probative value depends on
the nature, number and age of the instances of misconduct
S 110 requires the court to give reasons in open court for
any ruling it makes on the issue of bad character
The burden of proving that the offence was not committed by the person
can be discharged by that person by showing on the balance of probabilities that it was not them
a bad character application must be announced at
a hearing in public in the absence of the jury
