Evidence - Good & Bad Character Flashcards
(26 cards)
What are the three recognised types of good character?
- Absolute good character – No previous convictions or reprehensible conduct
- Effective good character – Old, minor, or unrelated convictions; court may treat D as of good character
- Positive good character – Evidence of virtuous conduct (e.g. charity work)
How can evidence of good character be adduced?
- Cross-examination of a police officer
- Formal admission (s.10 CJA 1967)
- Examination in chief of D
- Calling a character witness
When is a good character direction given to the jury?
When evidence of good character is adduced at trial. The judge cannot direct the jury unless good character has been put into evidence.
What are the two limbs of the good character direction per R v Vye / Hunter?
- Credibility – Jury may find D’s evidence more credible
- Propensity – Less likely D committed the offence
When is the credibility limb of the good character direction appropriate?
When D:
- Gives evidence
- Relies on pre-trial statements
- Answers questions in interview relied on at trial
What was the significance of R v Hunter [2015]?
- Judges have discretion not to give good character directions where there’s evidence of bad character or reprehensible conduct
- Reinforced that the direction is not automatic
What happens in joint trials with mixed character defendants?
D1 (good character): entitled to full direction
D2 (bad character): may seek severance, but it’s rare
How is bad character defined?
Evidence of, or of a disposition towards, misconduct, excluding:
(a) Facts of the offence charged
(b) Misconduct in connection with investigation or prosecution
What is ‘misconduct’
The commission of an offence or other reprehensible behaviour.
When is conduct not treated as bad character?
If it:
- Relates to the offence charged (e.g. motive)
- Arises in connection with investigation or prosecution (e.g. jury tampering)
What are the gateways for non-defendant bad character?
Admissible if:
(a) Important explanatory evidence
(b) Substantial probative value on a matter in issue
(c) All parties agree
What must the court consider in non-defendant bad character?
- Nature, number and recency of events
- Similarity to the facts in issue
- Relevance to identity or credibility
What are the 7 gateways to admit defendant bad character?
(a) All parties agree
(b) D adduced it
(c) Important explanatory evidence
(d) Relevant to important matter between D and prosecution
(e) Relevant to important matter between D and co-defendant
(f) Corrects false impression
(g) D attacked another’s character
What is required for admission bad character?
- Evidence showing D’s propensity to:
- Commit offences of the kind charged, or
- Be untruthful
What is the fairness safeguard?
The court must not admit evidence if it would have an adverse effect on fairness of the proceedings.
What are the factors to consider when assessing propensity (R v Hanson)?
- Does D’s history show a propensity?
- Does that make guilt more likely?
- Would it be unjust to rely on old convictions
- Would admission make trial unfair
What is the distinction between propensity to be dishonest and to be untruthful?
- Dishonest = commits dishonest acts
- Untruthful = lies in evidence
Untruthfulness usually shown where D lied in previous trials or committed fraud by false representation
What is allowed in relation to bad character and substantial probative value?
Admission of D’s bad character where it has substantial probative value in an issue between co-defendants
Can the prosecution correct a false impression given by D about D’s character?
Yes
What triggers (g) D attacked another’s character?
Where D has made an attack on another’s character e.g.:
- Alleging someone committed an offence
- Cross-examining on reprehensible conduct
- Making such assertions in police interview
What must the jury be told about bad character evidence?
- Jury decides what weight to give
- Cannot convict based solely on bad character
- Must be sure it is true (especially if no conviction)
- Cannot use it to bolster a weak case
What safeguards exist against unfair admission of bad character evidence?
- s.78 PACE (prosecution evidence only)
- s.101(3) CJA 2003 (mandatory exclusion for unfairness under gateways (d) or (g))
- s.103(3) – unjust to rely on old offences
- s.107 – contaminated evidence
- s.110 – court must give reasons
What does s.107 CJA 2003 permit the court to do?
To stop the case after prosecution if admitted bad character evidence is contaminated, making conviction unsafe.
What does s.74 PACE 1984 state about convictions?
Once a conviction is proved, it is presumed that D committed the offence, unless D rebuts this on the balance of probabilities.
